1. Definitions. For purposes of this Digital Wallet Agreement (except as otherwise provided in the Arbitration Agreement in Section 23 of your Spending Account Agreement), these terms have the following meanings.
a. “Device” means an electronic device such as a mobile phone, tablet or smart watch.
b. “Digital Wallet” is a service that allows you to use your Spruce Card on a Device in an electronic format without presenting the physical Spruce Card. Apple Pay® and Google Pay® are examples of Digital Wallets.
c. “Digital Wallet Agreement” means this Spruce Debit Card Digital Wallet Agreement.
d. “Digital Wallet Provider” means the provider of the Digital Wallet, as applicable.
e. “Pathward” means Pathward, National Association, Member FDIC.
f. “Online and Mobile Services Agreement” means the Spruce Online and Mobile Services Agreement.
g. “Spending Account” or “Spruce Spending Account” means the demand deposit checking account established for you at Pathward.
h. “Spending Account Agreement” means the Spruce Spending Account Agreement to which you agreed when you opened your Spending Account.
i. “Spruce Card” means the Spruce Debit Card, issued by Pathward, that may be used to access funds in your Spending Account.
j. “We” or “us” refers to Pathward, together with its third-party service providers (including program manager Emerald Financial Services, LLC, an H&R Block company), as applicable.
k. “You” and “Your” means each person with access to your Spruce Card and Spending Account.