USER TRIAL FOR SAMSUNG INSTALLMENT PAYMENTS

Trial Period: The Program will begin on April 28, 2025 and conclude on June 6, 2025.

Trial User Requirement: This offering is available only to residents 18 years of age or older residing in one of the following states: Arizona, Idaho, Kansas, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Dakota, Oklahoma, Oregon, Tennessee, Utah, or Wyoming.

SAMSUNG INSTALLMENT PAYMENTS IS PROVIDED SUBJECT TO A LOAN AGREEMENT BETWEEN YOU AND THE INDIVIDUAL LOAN PROVIDER LISTED AT CHECKOUT. SAMSUNG IS NOT A FINANCIAL INSTITUTION OR A LENDER. PARTICIPATING LOAN PROVIDERS WILL CHECK YOUR ELIGIBILITY (INCLUDING YOUR STATE OF RESIDENCE) AND WILL PRESENT CERTAIN DOCUMENTS TO YOU FOR YOUR REVIEW AND ACCEPTANCE SUCH AS THE E-SIGN ACT DISCLOSURE, THE LOAN APPLICATION, A CONSUMER LOAN AGREEMENT, A TRUTH IN LENDING ACT DISCLOSURE, OTHER APPLICABLE FEDERAL AND STATE LAW DISCLOSURES AND NOTICES, TOGETHER WITH A PAYMENT AUTHORIZATION FOR YOUR LOAN REPAYMENT. WITHIN THESE DOCUMENTS, YOU WILL FIND DETAILS OF YOUR LOAN SUCH AS THE NUMBER OF PAYMENTS, TIME BETWEEN PAYMENTS, ANNUAL PERCENTAGE RATE, REPAYMENT METHOD, AND ANY OTHER APPLICABLE FEES FOR YOUR PURCHASE. YOU MUST ENTER INTO THE LOAN AGREEMENT WITH THE LOAN PROVIDER IN ORDER TO FINALIZE YOUR PURCHASE AND YOU MUST AGREE TO REPAY THE LOAN TO THE LOAN PROVIDER IN THE SPECIFIED MANNER. SAMSUNG IS NOT A PARTY TO YOUR LOAN AGREEMENT.

Pursuant to the terms of this Early Access Agreement (“Agreement”), Samsung Electronics America, Inc. (“Samsung”) may provide you (“Trial User” or “You”) with access to Samsung Installment Payments (the “Service”) for Your use on Your Samsung mobile device (“Device”). As consideration for Your use of this Service, You agree to provide Samsung with reports of your experience with the Service as directed or requested by Samsung. The provision of the Service, the user reporting regarding the Service, and the administration and direction of related processes by Samsung are collectively referred to herein as the “Program”. This Agreement will become effective when it has been accepted by You either by clicking to accept the terms or by using the Service (the “Effective Date”).

“Trial Period” is the period of use of a given Service for the duration of the Program, as set forth above. Samsung reserves the right to modify the length of the Trial Period at its sole discretion. Either Samsung or You may terminate participation in the Program at any time and for any reason. Trial User agrees to stop using the Service immediately upon (a) request from Samsung, (b) expiration/termination of the Trial Period or (c) termination of Trial User’s participation in the Program by Samsung in writing.

As a condition to participating in the Program, Samsung will collect certain personal information through Your use of the Service (as set forth in the Samsung Wallet Privacy Notice, located at https://www.samsung.com/us/samsung-wallet/privacy-notice/). Trial User agrees that Samsung has the right to use data collected from Trial User and Trial User’s Device and other such data collected from Trial User during registration in and during the course of the Program (collectively, “Trial User Data”) for the duration of the Program in accordance with the terms of this Agreement. SAMSUNG WILL NOT SHARE ANY TRIAL USER DATA WITH ANY THIRD PARTY FOR USE BY THE THIRD PARTY FOR ITS OWN PURPOSES, EXCEPT WITH THOSE THIRD PARTIES THAT SAMSUNG IS UTILIZING TO PROVIDE THE SERVICE AND WILL USE TRIAL USER DATA ONLY FOR PROGRAM ANALYSIS PURPOSES.

 “Proprietary and Confidential Information” is defined as any and all information of Samsung that is (i) disclosed under this Agreement in written, graphic, machine recognizable, and/or sample or prototype form, being clearly designated, labeled or marked as “Samsung Proprietary and Confidential”, “Samsung Proprietary”, “Samsung Confidential” or its equivalent, (ii) documents and written data that contain competitively sensitive information (including without limitation, pricing, financial, business and technical information that may be competitively sensitive), or (iii) any and all of the foregoing which is prepared by Samsung or its employees or agents that contains, reflects or is based upon, in whole or in part, any of the Proprietary and Confidential Information.  For clarity and without limiting the foregoing, Proprietary and Confidential Information includes any and all information provided by Samsung regarding the Service.  The nature and existence of this Agreement are considered Proprietary and Confidential Information. The personal information of Trial User that Samsung collects through Trial User’s participation in the Program shall not be deemed to be Proprietary and Confidential Information.

Trial User agrees not to disclose to any other party any Proprietary and Confidential Information of Samsung, including any of the following:

• That Trial User is a participant in the Program, through which the Service is provided to Trial User;
• Any of the technical or physical attributes of the Service;
• Any malfunction, defect, error, failure, fault, flaw, hitch, problem, or any other information (whether positive or negative) relating to the Service that is discerned by Trial User or brought to Trial User’s attention by anyone; or
• Any information regarding the pre-launch or launch of the Service.

Trial User recognizes that the Service is being provided for Samsung’s and its Service Partner’s testing and evaluation purposes only.

Trial User agrees that any breach of any part of this Agreement by Trial User may cause immediate and irreparable injury to Samsung due to the unique nature of Samsung’s confidential information, and Trial User shall be liable to Samsung for any such damage or injury. Trial User hereby agrees that Samsung shall be entitled to seek injunctive relief under this Agreement without the necessity of proving actual damages or posting bonds, in addition to any other relief as may be granted by a court of competent jurisdiction.

Trial User agrees that Samsung, Samsung’s representatives, employees, and agents, Service Partner, and Service Partner’s representatives, employees, and agents are not liable for any injury, loss, or damage that may occur to Trial User or Trial User’s property from any cause relating in any way to the Service prior to, during, or subsequent to the Trial Period. Trial User further understands and agrees that the Service may or may not function as intended or expected by Samsung or Trial User. Samsung is not responsible for: (i) any data charges Trial User incurs while using the Service, or (ii) any purchases, loans or transfers Trial User makes within the Service (i.e., any in-app purchases or transfers made using the Service).

Samsung may decide to modify the Program at any time and for any reason. If Samsung decides to modify the Program, you will receive prior notification via the contact information you provided during Program registration.

THE PROVISIONS OF THIS AGREEMENT AND ALL THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. THE PARTIES HEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN THE SOUTHERN DISTRICT OF NEW YORK, AND AGREE THAT ANY ACTION, SUIT OR PROCEEDING CONCERNING, RELATED TO OR ARISING OUT OF THIS AGREEMENT SHALL BE HEARD AND DETERMINED IN THE FEDERAL AND STATE COURTS IN THE SOUTHERN DISTRICT OF NEW YORK, AND FURTHER IRREVOCABLY WAIVE ANY OBJECTION WHICH THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH DISPUTE BROUGHT IN SUCH COURT OR ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE.  BOTH PARTIES AGREE TO WAIVE TRIAL BY JURY FOR ALL CLAIMS ARISING PURSUANT TO THIS AGREEMENT.

Trial User also agrees that this Agreement is the entire agreement between Trial User and Samsung regarding the Program or the Service and that there is no other written or oral understanding or agreement between Trial User and Samsung regarding the same.

This Agreement will remain in effect from the Effective Date to the completion of the Trial Period. Trial User’s obligations to maintain the confidentiality and security of Proprietary and Confidential Information, which do not become publicly available at the completion of the Trial Period, shall continue for five (5) years.