Visa Digital Enablement SDK Product Terms

Visa Digital Enablement SDK Product Terms

March 27, 2024

If You are a Visa Member, the following Visa Product Terms apply to You: 

I.         General Terms

1. API and SDK references. For the purposes of the Visa Digital Enablement SDK (also referred to as “SDK”), references in the Agreement (other than in this Section) to access to and use of an “API” or “APIs”, or “API/s” in general are deemed to mean download, access to and use of the SDK or SDK/s in general.

2. Conditions of SDK access. Your access and use of the Visa Digital Enablement SDK capabilities is subject to the Visa Digital Enablement SDK Service Description, Technical Implementation Guide and all other documentation in relation to use thereof as made available, updated, supplemented and amended from time to time by Visa, as well as Your compliance with the Visa Rules.

3. Modification of SDK.  Visa may modify any of the SDK capabilities, features or functionalities as described in the Digital Enablement SDK Service Description upon 30 days written notice to You, for which email or VBN (Visa Business Notification) will suffice.

4. Required checks. You may access and use the Visa Digital Enablement SDK capabilities only for card accounts which have undergone and passed customer verification (KYC), following appropriate Cardholder and/or authorized user authentication and, if applicable, with such partners that have undergone and passed OFAC checks.  You will also obtain all Cardholder consents and provide all Cardholder notifications necessary in order to provide Visa with the relevant Card and Cardholder data and enable Visa to perform its obligations under the Agreement.

5. Future SDK Services Functionality.  Visa may agree to offer optional additional SDK capabilities, features or functionalities to You in the future. Such future SDK capabilities may, in Visa’s sole discretion, require mutually executing additional amendments to the Agreement and may be subject to additional pricing, terms, third party agreements, as well as host/processor/issuer considerations which, if applicable, may be addressed in the additional amendments and/or future versions of the SDK Service Description.

6. Use restrictions. You may not modify the Visa Digital Enablement SDK or decipher, translate or access the source code of the Visa Digital Enablement SDK and any of it’s supported capabilities, features or functionalities.

7. SDK support, updates or upgrades. You will not share or provide access to the Visa Digital Enablement SDK or any components of it with any of its vendors, suppliers, agents, technology providers or other third parties, unless approved by Visa based on a Visa Developer Program API Addendum For Third Party Technology Providers in a form prescribed by Visa.

8. End user support. You will implement any standard updates or upgrades to the Visa Digital Enablement SDK within 12 months of the respective release. In addition, You may be asked to update the Visa Digital Enablement SDK within a short time period due an emergency update related to security or third party modification which could negatively impact the use of the SDK. Such emergency updates should be applied as soon as possible or within the time frames provided by Visa. Visa reserves the right to suspend support of prior versions of the Visa Digital Enablement SDK and Visa will discontinue support for versions which have been updated or upgraded 12 months after the update or upgrade.

9. Maintenance. You are responsible for supporting the end users of its Application and Visa disclaims any and all liability with respect to Your end users. The aforementioned applies, but is not limited to use cases in which Visa may send information to the end user on Your behalf as part of the selected Visa Product under the Agreement.

10. Third party dependencies. Visa reserves the right to schedule maintenance windows with advanced notification during which the Visa Digital Enablement SDK capabilities will not be available.

11. Billing. You acknowledge and agree that several of the capabilities enabled through the Visa Digital Enablement SDK depend on the actions and input by third parties, such as the relevant digital wallets or other third party end points, both with respect to timeliness and data accuracy. Visa does not have insight into or control over such third party actions and input and disclaims any and all liability.

12. Universal Card Enrollment API. Visa will begin billing You for Visa Digital Enablement SDK fees commencing on (i) the day You initiate SDK calls in production based on the Visa Digital Enablement SDK or (ii) 30 days following the Production Live Date, whichever comes first, except for one time implementation Setup Fees, which shall become due on the Production Live Date. For purposes of this Section, “Production Live Date” is defined as the date when Visa enables You to initiate SDK calls in production based on the Visa Digital Enablement SDK by providing You with the relevant signature secret and the encryption secret.

13. Data privacy. Except in the Visa Asia Pacific Region, Your authorization to optionally access and use the Visa Universal Card Enrollment API is limited to the purpose of enrolling Your cardholder accounts participating in Your program within the relevant Card Portfolios/BIN Ranges by requesting a universal card identifier.

II.        Additional Capability Specific Terms

Cardholder Identity Verification:

1. You authorize Visa to verify the identity of a Cardholder on its behalf, using the Cardholder contact information provided or available to Visa using Visa’s OTP verification service or Visa 3-D Secure verification, as specified further in the Documentation.

2. You expressly authorize Visa to use the Cardholder information in the above referenced databases, batch files or other information provided or available to Visa, as applicable, to contact the Cardholder for the purpose of performing Cardholder Identity Verification hereunder on Your behalf.

3. Visa relies on the Cardholder information provided to it through the above alternatives and has no insight or control over its accuracy. Visa assumes no responsibility and is not liable for any inaccuracies and errors related to the Cardholder verification.

Digital Card Display:

1. Your access to and use of the Digital Card Display is subject to Your (i) compliance with the Visa Rules, (ii) applicable prior selections in the Customer Information Questionnaire (CIQ) and (iii)  compliance with the deliverables regarding CVV2 in accordance with the Documentation.

2. You are required to, at a minimum, authenticate Cardholders in compliance with applicable Law, including, as applicable, step-up authentication or double authentication.

3. You hereby authorize Visa to display any available Card art (including Your trademarks, service marks, logos, and digital Card art) that You have provided to Visa for use with the SDK.

In-App Provisioning:

Push Provisioning to Digital Wallets

1. Your use of this capability is further subject to Your (i) current participation in the Visa Token Service through an effective Visa Digital Enablement Program Issuer Participation Agreement, Visa Digital Enablement Program Enrollment Form or other agreement in relation to  Your participation in the Visa Digital Enablement Program and the  Visa Token Service (“VDEP Agreement”), and (ii) active enrollments for those digital wallets or other end points and Issuing Identifier ranges for which You intend to use the Visa Digital Enablement SDK capabilities, as separately approved by Visa (where such approval may require Your attestation of a separate agreement with the respective digital wallet provider, endpoint provider or Visa, an agreement through the Visa Token Service, or other requirements, as applicable). 

2. Your authorization is limited to the access and use of the Visa Digital Enablement SDK capabilities for the purpose of enabling enrolling Your cardholder accounts participating in Your program within the relevant Card Portfolios/BIN Ranges by verifying eligibility of the relevant digital wallet and/or to enable provisioning of a token for such cardholder accounts through the relevant digital wallets.

3. If you are using In-App Provisioning through Apple extensions, you are responsible for facilitating connectivity with the Apple Wallet app, including development work beyond the scope of integration with the Visa Digital Enablement SDK.

Visa Card Enrollment Hub (VCEH) and Push Provisioning: If You are not in the Visa Europe Region, the following terms govern Your use of Visa Digital Card Display:

1. Your use of this capability is further subject to Your (i) current participation in the Visa Token Service through an Visa Digital Enablement Program Issuer Participation Agreement, Visa Digital Enablement Program Enrollment Form or other agreement in relation to  Your participation in the Visa Digital Enablement Program and the  Visa Token Service (“VDEP Agreement”), active enrollments for those digital wallets or other end points and Issuing Identifier ranges for which You intend to use the Visa Digital Enablement SDK capabilities, as separately approved by Visa (where such approval may require Your attestation of a separate agreement with the respective digital wallet provider, endpoint provider or Visa, an agreement through the Visa Token Service, or other requirements, as applicable), and and (iii) full compliance with the VCEH Documentation. For purposes of this Agreement, “VCEH Documentation” means all service and implementation guides and other documentation relating to use of VCEH and provisioning into VCEH through the SDK, as made available, updated, supplemented and amended from time to time by Visa.

2. Your access to VCEH and provisioning into VCEH through the SDK  shall be fully in accordance, and subject to Your full compliance, with this Agreement and the VCEH Documentation, including but not limited to the relevant end user notification obligations thereunder.

Visa Card Enrollment Hub (VCEH) for Visa Europe Region: If You are in the Visa Europe Region, the following terms govern Your use of Visa Digital Card Display:

1. VCEH requirements.  Visa and You acknowledge that a separate project and additional documentation is required to implement Visa Card Enrollment Hub (“VCEH”) and the Visa Token Service.

2. Token Requestor provisioning.  You acknowledge and agree that Your participation in VCEH shall be limited to the extent that Tokens are provisioned to a Token Requestor through VCEH.

3. VCEH termination for convenience.  Visa may terminate Your participation in VCEH for convenience with sixty (60) days’ written notice to You.

4. VCEH termination for material breach.  Visa may terminate Your participation in VCEH in the event of a material breach by You of the terms of this Agreement or VCEH Documentation that remains uncured for a period of fifteen (15) days following written notice of the breach by Visa.

5. Non-API integrations.  Visa and You acknowledge and agree that all non-API integrations of VCEH (including web proxy) are governed by this Agreement as if they were an API (as that term is defined in the Developer Terms).

6. Data privacy (VCEH for non-Click to Pay provisioning and non-Cardholder-initiated Click to Pay provisioning).  Subject to section 7 below, the terms and conditions relating to data protection that govern the processing of Personal Information under VCEH in the context of this Agreement (other than in relation to Cardholder-initiated push provisioning and enrolment to Click to Pay) are set out in the Data Framework for Visa Services, which is a supplemental annex to the Rules.

7. Data privacy (VCEH for Cardholder-initiated Click to Pay push provisioning).  Notwithstanding section 6 above, where You send Personal Information to Visa in the context of this Agreement for the purposes of and to support Cardholder-initiated push provisioning and enrolment to Click to Pay via VCEH, the Parties agree that:

(a) each Party will act as a separate data controller for the purposes of Applicable Data Protection Laws/Regulations;

(b) Visa Rule 10.3.3.1 (ID# 0029586) will apply to You in connection with its sharing of Personal Information with Visa for the purposes of Cardholder-initiated push provisioning and enrolment to Click to Pay via VCEH; and

(c) You will comply with any other requirements specified by Visa from time to time for Cardholder-initiated push provisioning and enrolment to Click to Pay via VCEH, including in relation to privacy information for Click to Pay or VCEH and the acceptance of Visa’s Click to Pay Terms of Service.

8. Visa Rules.  The Parties acknowledge and agree that suspension or termination of Your participation in VCEH for any reason (including via termination or expiry of this Agreement) is: 

(a) without prejudice to, and will not alter or amend, any rights or obligations that the Parties may have under the Rules (including any in relation to provisioning and enrolment to Click to Pay); or

(b) construed to give You a right, or obligate Visa, to engage in any activity that is in violation of or inconsistent with the Rules (including in relation to provisioning and enrolment to Click to Pay).

9. Data privacy.  The terms and conditions relating to data privacy and the processing of Personal Information under this API are set out in the Visa Token Service section of the Data Framework for Visa Services – Europe Region, which is a supplemental annex to the Rules.

If You are not a Visa Member the following Visa Product Terms apply to You: 

I.         General Terms

1. For the purposes of the Visa Digital Enablement SDK (also referred to as “SDK”), references in the Agreement (other than in this Section) to access to and use of an “API” or “APIs”, or “API/s” in general are deemed to mean download, access to and use of the SDKs or the SDKs in general.

2. Your access to, use, and/or distribution of the Visa Digital Enablement SDK capabilities is subject to the Visa Digital Enablement SDK Service Description and Technical Implementation guide and all other documentation in relation to use thereof as made available, updated, supplemented and amended from time to time by Visa and is limited to actions on behalf of and subject to sponsorship and approval by a Visa Issuer.

3. Prior to any access and use of the Visa Digital Enablement SDK, You must provide Visa with a written agreement between You and a Visa Member that makes You an Agent for the use of this Visa Product, completed and signed by the sponsoring or integrating issuer (“Sponsorship Agreement”).

4. Modification of SDK.  Visa may modify any of the SDK capabilities, features or functionalities as described in the Visa Digital Enablement SDK Service Description upon 30 days written notice to You, for which email or VBN (Visa Business Notification) will suffice.

5. In addition to a Sponsorship Agreement from each Visa Member, Program Managers, Processors, Integrators and Distributors are required to provide Visa with current lists of customers utilizing the SDK along with the respective version number.  Visa reserves the right to ask for such updated lists from time to time.

6. Distributors and Integrators may only provide the SDK to direct customers of the Distributors and Integrators which are current Visa issuing financial institutions. Distributors and Integrators are explicitly prohibited from reselling or providing the SDK to any entities other than the aforementioned, including to resellers.

7. Additional Distributor and Integrator obligations:

i) Distributor or Integrator shall work directly with Visa in order to make the SDK available to its participating clients and their respective participating cardholders under the terms set forth in the Agreement.

ii) Distributor or Integrator shall provide participating clients with all relevant documentation, FAQ, technical support, implementation and other technical guidelines as reasonably necessary and shall flow down the applicable terms, use restrictions and obligations under the Agreement to the participating clients as if they were You under the Agreement.

iii) Distributor or Integrator must collect and/or ensure the destruction of any documentation which was provided to a participating client of the Distributor or Integrator when the participating client is no longer under contract by the Distributor or Integrator.

iv) Distributor or Integrator shall provide customer service and technical support associated with the SDK including all communication with each participating client and all direct to consumer communications.    If a customer service request or technical problem requires additional input from Visa, Distributor or Integrator shall facilitate all communications between Visa and the participating client or consumers.  As between Visa and Distributor or Integrator, Distributor or Integrator shall be the party responsible for training all participating clients in connection with the SDK.  As between Distributor or Integrator and participating clients, Distributor or Integrator shall serve as the primary contact to Visa for all implementation related issues including those related to the participating clients. You may access and use the Visa Digital Enablement SDK capabilities only for sponsoring or integrating Issuer accounts which have undergone and passed customer verification (KYC), following appropriate Cardholder and/or authorized user authentication and, if applicable, with such Issuer Partners which have undergone and passed OFAC checks.  Any changes in the Program as specified in the Sponsorship Agreement, including but not limited to a change in Issuer Partners, if applicable, require the submission of an updated signed Sponsorship Agreement prior to any access or use of the Visa Digital Enablement SDK hereunder.

8. In addition to the terms of this Agreement, You are  obligated to comply with all applicable provisions of the sponsoring Issuer’s Visa Digital Enablement Program (“VDEP”) Agreement, and the Visa Rules as if You were the Issuer under these terms, as well as with the VisaNet Letter of Agreement, as applicable. For Issuer Program Managers, Integrators and Issuer Processors, this includes compliance with PCI DSS standards. For Issuer Partners and Distributors, PCI DSS standards need to be complied with if the Issuer Partner or Distributor has access to Cardholder Information.

9. You may access and use the Visa Digital Enablement SDK capabilities only for card accounts which have undergone and passed customer verification (KYC), following appropriate Cardholder and/or authorized user authentication and, if applicable, with such partners that have undergone and passed OFAC checks.  You or Your sponsoring Issuer will also obtain all Cardholder consents and provide all Cardholder notifications necessary in order to provide Visa with the relevant Card data and enable Visa to perform its obligations under the Agreement.

10. Future SDK Services Functionality.  Visa may agree to offer optional/additional SDK capabilities, features or functionalities to You or Your Issuers in the future. Such future SDK capabilities may, in Visa’s sole discretion, require mutually executing  additional amendments to the Agreement and may be subject to additional pricing, terms, third party agreements, as well as host/processor/issuer considerations which, if applicable, may be addressed in the additional amendments and/or future versions of the Visa Digital Enablement SDK Service Description and Technical Implementation Guide.

11. You may not modify the Visa Digital Enablement SDK or decipher, translate or access the source code of the Visa Digital Enablement SDK and any of it’s supported capabilities, features or functionalities. Other than in the form of an access grant as a Distributor or Integrator to eligible clients hereunder, You will not share or provide access to the Visa Digital Enablement SDK or any components of it with any of its vendors, suppliers, agents, technology providers or other third parties, including but not limited to resellers or additional program managers, processors or other issuer partners, unless approved by Visa in the form of a Third Party Technology Provider Schedule.

12. You will implement any standard updates or upgrades to the Visa Digital Enablement SDK within 12 months from the respective release.  In addition, You may be asked to update the Visa Digital Enablement SDK within a short time period due an emergency update related to security or third party modification which could negatively impact the use of the SDK. Such emergency updates should be applied as soon as possible or within the time frames provided by Visa. Visa reserves the right to suspend support of prior versions of the Visa Digital Enablement SDK and Visa will discontinue support for versions which have been updated or upgraded 12 months after the update or upgrade.

13. You are  responsible for supporting the end users of its Application, as well as the sponsoring Issuer, and Visa disclaims any and all liability with respect to Your end users.

14. Visa reserves the right to schedule maintenance windows with advanced notification during which the Visa Digital Enablement SDK capabilities will not be available.

15. You acknowledge and agree that several of the capabilities enabled through the Visa Digital Enablement SDK depend on the actions and input by third parties, such as the relevant digital wallets or other third party end points, both with respect to timeliness and data accuracy. Visa does not have insight into or control over such third-party actions and input and disclaims any and all liability.

16. Visa will begin billing You for Visa Digital Enablement SDK fees commencing on (i) the day You initiate SDK calls in production based on the Visa Digital Enablement SDK or (ii) 30 days following the Production Live Date, whichever comes first, except for one time implementation Setup Fees and BIN Fees, which shall become due on the Production Live Date. For purposes of this Section, “Production Live Date” is defined as the date when Visa enables You to initiate SDK calls in production based on the Visa Digital Enablement SDK by providing You with the relevant signature secret and the encryption secret.

17. Except in the Visa Asia Pacific Region, our authorization to optionally access and use the Visa Universal Card Enrollment API on behalf of the sponsoring Issuer is limited to the purpose of enrolling Your or the Issuer’s cardholder accounts participating in Your or Issuer’s program within the relevant Card Portfolios/BIN Ranges by requesting a universal card identifier.

II.        Additional Capability Specific Terms

Visa Digital Card Display for Non-Visa Europe Region:  If You are not in the Visa Europe Region, the following terms govern Your use of Visa Digital Card Display:

1. Your access to and use of the Digital Card Display is subject to Your and its sponsoring Issuer’s, as applicable (i) compliance with the Visa Rules (ii) applicable prior selections in the Customer Information Questionnaire (CIQ) and (iii) compliance with the deliverables regarding CVV2 in accordance with the Documentation.

2. You and Your sponsoring Issuer are required to, at a minimum, authenticate Cardholders in compliance with applicable Laws, including, as applicable, step-up authentication or double authentication.

3. You hereby authorize Visa to display any available Card art (including Your and/or Issuer trademarks, service marks, logos, and  digital Card art provided by You) that You have provided to Visa for use with the SDK. You are required to obtain the relevant authorizations and approvals from its sponsoring Issuer.

Visa Digital Card Display (Visa Europe Region): If You are in the Visa Europe Region, the following terms govern Your use of Visa Digital Card Display:

1. Conditions of API access.  Your access to and use of the Visa Digital Card Display is subject to Your and its sponsoring Issuer’s, as applicable: (i) compliance with the Visa Rules; (ii) applicable prior selections in the Customer Information Questionnaire (CIQ); (iii) selections for provision of dCVV2 or CVV2 and its corresponding deliverables in accordance with the Documentation; (iv) in case You choose to use dCVV2, (A) separate and prior enablement of the applicable BIN range, or account range in the dCVV2 service, or instruction by Visa to enroll the entire range, (B) use of the dCVV2 Authenticate API (in case of PAN by PAN enrollment), subject to Your selection of the dCVV2 Authenticate API as a separate API under this Agreement, or ISO 0302 message to enroll individual PANs; and (C) flagging of the relevant BIN or account range as “eligible” for Visa Digital Card Display.

2. Required checks.  You may access and use Visa Digital Card Display only for Visa Card accounts or Card accounts of the third party networks listed in the Documentation that have undergone and passed customer verification (KYC) and, if applicable, with such partners that have undergone and passed OFAC checks.  You and Your sponsoring Issuer are required to, at a minimum, authenticate Cardholders in compliance with applicable Laws, including, as applicable, step-up authentication or double authentication.

3. Card art.  You hereby authorizes Visa to display any available Card art (including Your and/or Issuer trademarks, service marks, logos, and You-provided digital Card art) that You have provided to Visa for use with the SDK or through its participation in the Visa Token Service when Visa provides the Services hereunder. You is required to obtain the relevant authorizations and approvals from its sponsoring Issuer for this Section.

4. Use of Universal Card Enrollment API.  Your access to Visa Digital Card Display includes access to and requires use of the Visa Universal Card Enrollment API, which You may call only for the purpose of enrolling Your Cardholder accounts participating in the Your program by requesting a universal card identifier for each relevant Card. Your rights to use the Universal Card Enrollment API granted in connection with other Services under this Agreement remain unaffected.

Visa In-App Provisioning:

Push Provisioning to Digital Wallets

1. Conditions of API access. Your use of this capability is further subject to Your sponsoring Visa Issuer (i) being a current participant in the Visa Token Service through an effective VDEP Agreement or an equivalent agreement enabling participation in the Visa Token System and (ii) having active enrollments for those digital wallets, other endpoints and Issuing Identifier ranges for which You intend to use the Visa Digital Enablement SDK capabilities, as separately approved by Visa (where such approval may require Issuer’s attestation of a separate agreement with the respective digital wallet provider, an agreement through the Visa Token Service, or other requirements, as applicable).

2. Authorized scope. Your authorization is limited to the access and use of the Visa Digital Enablement SDK capabilities  in Your role as an Issuer Program Manager, Issuer Processor, Integrator, Distributor and/or an Issuer Partner, in each case to enroll or allow the Issuer to enroll Issuer cardholder accounts participating in the Program within the relevant Card Portfolios/BIN Ranges by verifying eligibility of the relevant digital wallet and/or to enable provisioning of a token for such cardholder accounts through the relevant digital wallets.

3. If you are using In-App Provisioning through Apple extensions, you are responsible for facilitating connectivity with the Apple Wallet app, including development work beyond the scope of integration with the Visa Digital Enablement SDK.

Push Provisioning to Visa Card Enrollment Hub (VCEH)

1. Conditions of VCEH access. Your use of this capability is further subject to Your sponsoring Issuer’s (i) current participation in the Visa Token Service through an effective VDEP Agreement or an equivalent agreement enabling participation in the Visa Token Service and compliance with such agreement, (ii) active enrollments for those digital wallets or other end points and Issuing Identifier ranges for which You intend to use the Visa Digital Enablement SDK capabilities, as separately approved by Visa (where such approval may require attestation of a separate agreement with the respective digital wallet provider, endpoint provider or Visa, an agreement through the Visa Token System, or other requirements, as applicable), and (iii) prior execution of a current VCEH addendum to its VDEP or other participation agreement in the Visa Token Service (the “VCEH Addendum”).

2. VCEH terms. For the avoidance of doubt, provisioning into VCEH through the SDK does not relieve You or Your sponsoring Issuer of any of its sponsoring Issuer’s obligations under the VCEH Addendum, including but not limited to the relevant end user notification obligations thereunder.

 

 

1) If You are a Visa Member, then the following Visa Product Terms apply to You:

a) General Terms

i) For the purposes of the Visa Digital Enablement SDK (also referred to as “SDK”), references in the Agreement (other than in this Section) to access and use of an “API” or “APIs”, or “API/s” in general are deemed to mean download, access to and use of the SDKs or the SDKs in general.

ii) Your access to and use of the Visa Digital Enablement SDK (the “Capabilities”) for non-Visa card credentials in production is subject to the Visa Digital Enablement SDK Service Description and Technical Implementation guide and limited to the payment networks indicated in the Documentation.

iii) You must use the Capabilities only in accordance with applicable law and the rules and requirements of the relevant payment network, including but not limited to the authorization from such network(s) to (i) provide Visa with the encryption key(s) and data related to cardholder accounts for the purposes of providing the Capabilities and (ii) instruct Visa to initiate enrollment of issuer cardholder accounts in digital wallets, including but not limited to an appropriate written agreement covering such actions between You and the relevant digital wallet providers. You must obtain all necessary permissions for Visa to collect and/or use cardholder information in order to provide the Capabilities, including but not limited to obtaining cardholder consents and displaying appropriate cardholder or user disclosures and issuer consent.

iv) Prior to any access and use of the Capabilities in production, You must obtain the relevant encryption key(s) from the relevant payment network and provide them to Visa in compliance with the relevant payment network rules,  for Visa’s use on Your behalf in accordance with the Agreement. If applicable, You also need to comply with any additional action items set forth in the Visa Digital Enablement SDK Service Description and Technical Implementation Guide.  You further agree to separately register Visa as its agent under the rules of the relevant payment network, if applicable.

v) You may access and use the Capabilities only for accounts that have undergone and passed know-your-customer verification (KYC) and, if applicable, with such partners that have undergone and passed OFAC screening checks.

vi) You will not share or provide access to the Visa Digital Enablement SDK or any components of it with any of its vendors, suppliers, agents, technology providers or other third parties, unless approved by Visa in the form of a Third Party Technology Provider Schedule to this Agreement.

vii) You acknowledge and agree that its use of the Capabilities is partially contingent on the actions, authorizations and requirements of relevant third parties, such as the relevant payment network and the relevant digital wallets, including but not limited to aspects such as timeliness of SDK call responses and data accuracy. Visa does not have insight into or control over such third party actions, authorizations or requirements and disclaims any and all liability whatsoever. Similarly, Visa has no insight into or control over the respective pay wallet and/or the applicable rules of the relevant payment networks and compliance with such rules and Visa disclaims any and all liability whatsoever.

viii) Visa will begin billing You for Visa Digital Enablement SDK fees commencing on (i) the day You initiate SDK calls in production based on the Visa Digital Enablement SDK or (ii) 30 days following the Production Live Date, whichever comes first, except for one time implementation Setup Fees, which shall become due on the Production Live Date. For purposes of this Section, “Production Live Date” is defined as the date when Visa enables You to initiate SDK calls in production based on the Visa Digital Enablement SDK by providing You with the relevant signature secret and the encryption secret.

ix) The Visa Digital Enablement SDK capabilities provided to You hereunder shall include the Visa Universal Card Enrollment API. In addition to the terms and conditions in the Agreement, Your authorization to access and use the Visa Universal Card Enrollment API is limited to the purpose of enrolling Your cardholder accounts participating in Your program within the relevant Card Portfolios/BIN Ranges by requesting a universal card identifier.

b) Additional Capability Specific Terms

i) Digital Card Display:

(1) Your access to and use of the Digital Card Display is subject to Your (i) compliance with the rules of the applicable third party network, (ii) applicable prior selections in the Customer Information Questionnaire (CIQ), (iii) selections for provision of the security code used by the relevant payment network and its corresponding deliverables in accordance with the Documentation and (iv) provision of a key for Visa’s use to derive the security code used by the relevant payment network.

(2) You are required to, at a minimum, authenticate Cardholders in compliance with applicable Laws, including, as applicable, step-up authentication or double authentication.

(3) You hereby authorize Visa to display any available Card art (including Your trademarks, service marks, logos, payment network trademarks, service marks and/or logos and digital Card art) that You have provided to Visa for use with the SDK. You are required to obtain any necessary authorizations from the relevant payment network for Visa’s use of the Card art with the SDK hereunder before any such Card art is provided to Visa.

(4) You further expressly authorize Visa to use the key for Visa’s use to derive the security code used by the relevant payment network provided hereunder for the purposes outlined herein as Your agent.

ii) In-App Provisioning: Push Provisioning to Digital Wallets

(1) Your use of this capability is further subject to You (i) being a current participant in the relevant payment network’s token system and compliance with the relevant participation terms, (ii) having active enrollments for those digital wallets and BIN ranges for which You intend to use the Capabilities, as authorized by the relevant payment network and (iii) providing Visa with the encryption key(s) issued by the relevant payment network for purposes of providing push provisioning services into the relevant digital wallets, as well as any additional information requested by Visa.

(2) Your authorization is limited to the access to, use, and/or distribution of the Capabilities to enroll its cardholder accounts within the authorized Card Portfolios/BIN Ranges by requesting a universal card identifier through the Visa Universal Card Enrollment API when available (optional), and/or  by verifying eligibility of the relevant digital wallet and/or to enable provisioning of a token for such cardholder accounts through the relevant digital wallets.

(3) You further expressly authorize Visa to use the encryption key(s) provided hereunder for the purposes outlined herein as Your agent.

 

 

2) If You are not a Visa Member, then the following Visa Product Terms apply to You:

a) General Terms

i) For the purposes of the Visa Digital Enablement SDK (also referred to as “SDK”), references in the Agreement (other than in this Section) to access to and use of an “API” or “APIs”, or “API/s” in general are deemed to mean download, access to and use of the SDKs or the SDKs in general.

ii) Your access to and use of the Visa Digital Enablement SDK  (the “Capabilities”) for non-Visa card credentials in production is subject to the Visa Digital Enablement SDK Service Description and Technical Implementation guide and limited to the payment networks indicated in the Documentation and to actions on behalf of and subject to sponsorship and approval by a card issuer.

iii) Prior to any access and use of the Visa Digital Enablement SDK, You must provide Visa with a written agreement between You and a Visa Member that makes You an Agent for the use of this Visa Product (“Sponsorship Agreement”), completed and signed by the sponsoring or integrating issuer.

iv) In addition, both You and the issuer must use the Capabilities only in accordance with applicable law and the rules and requirements of the relevant payment network, including but not limited to the authorization from such network(s) to (i) provide Visa with the encryption key(s) and data related to cardholder accounts for the purposes of providing the Capabilities and (ii) instruct Visa to initiate enrollment of issuer cardholder accounts in digital wallets, including but not limited to an appropriate written agreement covering such actions between the issuer and the relevant digital wallet providers. You must obtain and/or ensure all necessary permissions for Visa to collect and/or use cardholder information in order to provide the Capabilities, including but not limited to obtaining cardholder consents and displaying appropriate cardholder or user disclosures and issuer consent.

v) Prior to any access and use of the Capabilities in production, You must have the issuer it is acting on behalf of obtain the relevant encryption key(s) from the relevant payment network and provide them to Visa in compliance with   the relevant payment network rules,  for Visa’s use on the issuer’s behalf in accordance with the Agreement. If applicable, You and the relevant issuer also need to comply with any additional action items set forth in the Visa Digital Enablement SDK Service Description and Technical Implementation Guide.

vi) Your authorization is limited to the access to, use, and/or distribution of the Capabilities on behalf of the issuer to enroll issuer cardholder accounts within the authorized Card Portfolios/BIN Ranges by requesting a universal card identifier through the Visa Universal Card Enrollment API when available (optional), and/or  by verifying eligibility of the relevant digital wallet and/or to enable provisioning of a token for such cardholder accounts through the relevant digital wallets.

vii) You may access and use the Capabilities only for issuer accounts that have undergone and passed know-your-customer verification (KYC) and, if applicable, with such issuer partners that have undergone and passed OFAC screening checks.

viii) In addition to the terms of this Agreement, You are obligated to comply with all applicable provisions of the issuer’s token agreement with the relevant payment network and the network rules, if applicable. For certain use cases, this might include compliance with PCI DSS standards.

ix) You may, in each case subject to Visa’s prior consent, make available the Capabilities, SDK and related Materials and documentation to third parties with a need to know in order for You or Your clients to use the Capabilities as contemplated under this Agreement and subject to Visa’s consent. You agree to flow down all of its applicable obligations under the Agreement to such third parties prior to making the Capabilities, SDK, related Materials or documentation available to the third party.

x) You are explicitly prohibited from reselling or providing the SDK to any resellers, distributors, integrators or channel partners of its own.

xi) You acknowledge and agree that its use of the Capabilities is partially contingent on the actions, authorizations and requirements of relevant third parties, such as the issuer, the relevant payment network and the relevant digital wallets, including but not limited to aspects such as timeliness of SDK call responses and data accuracy. Visa does not have insight into or control over such third party actions, authorizations or requirements and disclaims any and all liability whatsoever. Similarly, Visa has no insight into or control over the respective pay wallet and/or the applicable rules of the relevant payment networks and compliance with such rules and Visa disclaims any and all liability whatsoever.

xii) Visa will begin billing You for Visa Digital Enablement SDK fees commencing on (i) the day You initiate SDK calls in production based on the Visa Digital Enablement SDK or (ii) 30 days following the Production Live Date, whichever comes first, except for one time implementation Setup Fees and BIN Fees, which shall become due on the Production Live Date. For purposes of this Section, “Production Live Date” is defined as the date when Visa enables You to initiate SDK calls in production based on the Visa Digital Enablement SDK by providing You with the relevant signature secret and the encryption secret.

xiii) Except in the Visa Asia Pacific Region, the Visa Digital Enablement SDK capabilities provided to You hereunder shall include the Visa Universal Card Enrollment API. In addition to the terms and conditions in the Agreement and the Addendum, Your authorization to access and use the Visa Universal Card Enrollment API is limited to the purpose of enrolling Your cardholder accounts participating in the Your program within the relevant Card Portfolios/BIN Ranges by requesting a universal card identifier.

xiv) Additional obligations if You are a Distributor or Integrator:

(1) Distributor or Integrator shall work directly with Visa in order to make the Capabilities available to its participating clients and their respective participating cardholders under the terms set forth in the Agreement.

(2) Distributor or Integrator shall provide participating clients with all relevant documentation, FAQ, technical support, implementation and other technical guidelines as reasonably necessary and shall flow down the applicable terms, use restrictions and obligations under the Agreement to the participating clients as if they were You under the Agreement.

(3) Distributor or Integrator must collect and/or ensure the destruction of any documentation which was provided to a participating client of the Distributor or Integrator when the participating client is no longer under contract by the Distributor or Integrator.

(4) Distributor or Integrator shall provide customer service and technical support associated with the Capabilities including all communication with each participating client and all direct to consumer communications. If a customer service request or technical problem requires additional input from Visa, Distributor or Integrator shall facilitate all communications between Visa and the participating client or consumers.  As between Visa and Distributor or Integrator, Distributor or Integrator shall be the party responsible for training all participating clients in connection with the Capabilities.  As between Distributor or Integrator and participating clients, Distributor or Integrator shall serve as the primary contact to Visa for all implementation related issues including those related to the participating clients.

b) Additional Capability Specific Terms

i) Digital Card Display:

(1) Your access to and use of the Digital Card Display is subject to Your and Your sponsoring Issuer’s, as applicable (i) compliance with the rules of the applicable third party network, (ii) applicable prior selections in the Customer Information Questionnaire (CIQ) and (iii) selections for provision of the security code used by the relevant payment network and its corresponding deliverables in accordance with the Documentation.

(2) You and Your sponsoring Issuer are required to, at a minimum, authenticate Cardholders in compliance with applicable Law, including, as applicable, step-up authentication or double authentication.

(3) You hereby authorize Visa to display any available Card art (including You and/or Issuer trademarks, service marks, logos, payment network trademarks, service marks and/or logos and digital Card art) that You have provided to Visa for use with the SDK. You are required to obtain the relevant authorizations and approvals from its sponsoring Issuer, including any required authorization from the relevant payment network for Visa’s use of the Card art with the SDK hereunder before any such Card art is provided to Visa.

ii) In-App Provisioning: Push Provisioning to Digital Wallets

(1) Your use of this capability is further subject to Your sponsoring Issuer (i) being a current participant in the relevant payment network’s token system and (ii) having active enrollments for those digital wallets and BIN ranges for which You intend to use the Capabilities, as authorized by the relevant payment network.

(2) Except in the Visa Asia Paciifc Region, in accordance with the specifications and additional definitions for the capitalized terms used in these API specific terms and in the Sponsorship Agreement, Your authorization is limited to the access to, use, and/or distribution of the Capabilities on behalf of the issuer to enroll issuer cardholder accounts within the authorized Card Portfolios/BIN Ranges by requesting a universal card identifier through the Visa Universal Card Enrollment API when available (optional), and/or  by verifying eligibility of the relevant digital wallet and/or to enable provisioning of a token for such cardholder accounts through the relevant digital wallets.