Mobile Terms & Conditions. Mobile Banking Service Addendum to Online Banking Basic Services Agreement. This Addendum is effective January 21, 2016

Transcription

1 Mbile Terms & Cnditins Mbile Banking Service Addendum t Online Banking Basic Services Agreement This Addendum is effective January 21, Intrductin. This Mbile Banking Service Addendum (this "Addendum") t the BNC Online Banking Services Agreement (the "Agreement") sets frth the additinal terms and cnditins fr use f the BNC Natinal Bank Mbile Banking Service (the "Mbile Banking Service" r "MBS"). This Addendum is hereby incrprated by reference int the Agreement. In the event f a cnflict r incnsistency between this Addendum and the Agreement, the terms f this Addendum will apply unless therwise prvided in this Addendum. In this Addendum, the wrds "yu" and "yur" mean each BNC Natinal Bank nline banking user wh has registered fr MBS, and the terms "BNC Natinal Bank", "we" and "us" refer t BNC Natinal Bank. Unless therwise defined in this Addendum, all capitalized terms shall have the meanings given t them in the Agreement. This Addendum cvers nly MBS, and it shall nt be cnstrued t apply t ther prducts r services. In rder t enrll in MBS, yu must be designated as an authrized signer r wner f a BNC Natinal Bank accunt (the Accunt ) that is eligible fr MBS, and be apprved by BNC Natinal Bank. As cnditins t BNC s prvisin f MBS, yu agree t (a) maintain the Accunt in gd standing, (b) subscribe t BNC Natinal Bank s Online Banking, and (c) cmply with such restrictins f MBS as we may cmmunicate t yu frm time t time. By using MBS, yu accept and agree t all f the terms, cnditins and ntices cntained in this Addendum and the Agreement and accept respnsibility fr yur use f MBS in accrdance with the terms f this Addendum and the Agreement. Further, yur use f MBS is subject t the terms and cnditins f any agreement between yu and BNC Natinal Bank that is applicable t the prducts and/r services accessed thrugh MBS, including but nt limited t the Agreement and the Signature Card and Terms & Cnditins. Please read this Addendum, the Agreement, and all such additinal agreements carefully befre using MBS, and keep a cpy fr yur recrds. 2. Amendment, Terminatin r Suspensin f Services. Except as therwise required by law, we may, in ur sle discretin, change the terms applicable t MBS, and mdify r cancel MBS, r the features we ffer, at any time, withut ntice. This may include adding new r different terms t, r remving terms frm, this Addendum r the Agreement. When changes are made we will update this Addendum n The website will be updated n r befre the effective date f any such changes t this Addendum, unless (i) an immediate change is necessary t maintain security r t prevent fraud; r (ii) a legal r regulatry requirement requires immediate change; in which event this Addendum will be updated within a cmmercially reasnable perid f time. Yu will be ntified f changes t the Addendum which materially affect yur rights. By cntinuing t use MBS after such ntice f any change, yu agree t the change. We may terminate r suspend all r any part f MBS at any time, in ur discretin, withut ntice t yu, and withut liability us. N terminatin f MBS r any part theref will affect yur liability r bligatins under this Addendum r the Agreement accruing prir t the date f terminatin f any prvisins f this Addendum r the Agreement which, by their nature r by express prvisin, are intended t survive terminatin. When yu ask us t activate MBS, and each time yu use r allw thers t use MBS, yu

2 cnfirm yur agreement t abide and be bund by the terms and cnditins f MBS and this Addendum as in effect at that time. We may limit the types and number f accunts eligible fr MBS at any time. Yu shall immediately install any upgrades, patches r fixes required fr security reasns r therwise fr the prper functining f MBS, regardless f whether requested by us. 3. Services. MBS is a persnal financial infrmatin management service that allws yu, thrugh the use f a BNC Natinal Bank s MBS applicatin and a mbile phne r ther handheld device that meets certain technical standards, t access available accunt infrmatin, view balances, transfer funds, make payments t payees wh have previusly been created thrugh the Persnal Online Banking service, make persn-t-persn r "P2P" payments, make mbile depsits using camera phne capability, lcate BNC Natinal Bank branches and ATMs, and make such ther transactins as are described n We may ffer additinal MBS services and features in the future. Any added MBS services and features will be gverned by this Addendum and the Agreement (including any applicable Terms f Use fr such service r feature), and by any terms and cnditins prvided t yu at the time the new MBS service r feature is added r at the time f enrllment fr the feature r service, if applicable. 4. Registratin/Activatin. In rder t access MBS, yu must have a mbile phne r ther handheld device that can send and receive infrmatin, including SMS text capability, thrugh a carrier service using the technlgy that supprts MBS (a "Mbile Device"). MBS may nt be available thrugh all mbile service prviders and carriers, and sme mbile phnes and ther wireless devices may nt be supprted. The technical standards required t access and use MBS (the "Mbile Technical Standards") may vary amng the types f Mbile Devices and telecmmunicatins carriers that supprt MBS, and may be updated frm time t time by the carriers. Yu are respnsible fr satisfying any Mbile Technical Standards. Yu understand and agree that the telecmmunicatin carriers may mdify the supprted Mbile Devices and/r the Mbile Technical Standards at any time, withut prir ntice, and that the telecmmunicatin carriers and BNC Natinal Bank shall nt be liable t yu fr yur failure t access r use MBS due t any such mdificatins. In rder t access MBS, yu must first register fr MBS. As part f the registratin prcess, yu may be required t prvide infrmatin abut yur Mbile Device, as well as the telephne number fr yur Mbile Device, and the address yu have designated in cnnectin with yur use f Persnal Online Banking ("Yur Address"). It is yur respnsibility t prvide us with accurate, cmplete and current infrmatin abut yu and yur Mbile Device (including its telephne number and Yur Address), and t ntify us immediately if any f this infrmatin changes r if service t yur Mbile Device is terminated. We reserve the right t refuse r cancel yur registratin fr MBS if we cannt verify infrmatin abut yur Mbile Device. Yu accept respnsibility fr making sure that yu understand hw t use MBS befre yu actually d s, and that yu always use MBS in accrdance with nline instructins psted n if any. Yu als agree t accept respnsibility fr making sure that yu knw hw t prperly use yur Mbile Device as it may be changed r upgraded frm time t time. Further, BNC Natinal Bank may change r upgrade MBS frm time t time. In the event f such changes r upgrades, yu are respnsible fr making sure yu that yu understand hw t use MBS as changed r upgraded. 5. Third Party Fees.

3 Any agreement yu may have with any unaffiliated service prviders, including, but nt limited t, yur telecmmunicatins carrier r prvider, remains in full frce and effect. Yu understand that ther agreements yu may have with unaffiliated service prviders may prvide fr fees, limitatins, and restrictins that might impact yur use f MBS (fr example, yur mbile service carrier r prvider may impse data usage r text message charges fr yur use f r interactin with MBS, receiving r sending MBS text messages, r ther use f yur Mbile Device when using MBS), and yu agree t be slely respnsible fr all such fees, limitatins and restrictins. Yu agree that nly yur telecmmunicatins carrier r prvider is respnsible fr its prducts and services. Accrdingly, yu agree t reslve any prblems with yur carrier r prvider directly with such carrier r prvider withut invlving us. Yu als agree that if yu have any prblems with MBS, yu will cntact us directly. 6. Check Depsits Using Mbile Banking Service. A. Mbile Depsit Service. MBS allws yu t depsit checks t yur checking, savings, r mney market savings accunts frm hme r ther remte lcatins by capturing phts f checks using camera phne capability and delivering the images and assciated depsit infrmatin t us ("Mbile Depsit Service"). B. Hardware and Sftware. In rder t use the Mbile Depsit Service, yu must btain and maintain, at yur expense, cmpatible hardware and sftware as specified and apprved by BNC Natinal Bank frm time t time. See fr current hardware and sftware specificatins. We are nt respnsible fr any third party sftware yu may need t use the Mbile Depsit Service. Any such sftware is accepted by yu as is and is subject t the terms and cnditins f the sftware agreement yu enter int directly with the third party sftware prvider at time f dwnlad and installatin. C. Fees. A fee may be charged fr the Mbile Depsit Service. Yu are respnsible fr paying the fees fr the use f the Mbile Depsit Service. Any fee that is charged will be disclsed prir t yur depsit. We may change the fees fr use f the Mbile Depsit Service at any time. D. Eligible items. Yu agree t scan and depsit nly "checks" as that term is defined in Federal Reserve Bard Regulatin CC ("Reg. CC") and nly thse checks that are permissible under this Addendum r such ther items that we, in ur sle discretin, elect t include in the Mbile Depsit Service. Yu agree that the image f the check transmitted t us shall be deemed an "item" within the meaning f Articles 3 and 4 f the applicable Unifrm Cmmercial Cde. Yu agree that yu will nt scan and depsit any f the fllwing types f checks r ther items which shall be cnsidered ineligible fr depsit: Checks payable t any persn r entity ther than the persn r entity that wns the accunt int which the check is being depsited. Checks cntaining an alteratin n the frnt f the check r item, r which yu knw r suspect, r shuld knw r suspect, are fraudulent r therwise nt authrized by the wner f the accunt n which the check is drawn. Checks payable jintly, unless depsited int an accunt in the name f all payees. Checks previusly cnverted t a substitute check, as defined in Reg. CC. Checks drawn n a financial institutin lcated utside the United States. Checks that are remtely created checks, as defined in Reg. CC. Checks nt payable in United States currency. Checks dated mre than six (6) mnths prir t the date f depsit. Checks r items prhibited by BNC Natinal Bank s current prcedures relating t the Mbile Depsit Service r which are therwise nt acceptable under the terms f yur BNC Natinal Bank accunt. Checks payable n sight r payable thrugh drafts, as defined in Reg. CC.

4 Checks with any endrsement n the back ther than that specified in this Addendum. Checks that have previusly been submitted thrugh the Mbile Depsit Service r thrugh a remte depsit capture service ffered at BNC Natinal Bank r any ther financial institutin. Checks r items that are drawn r therwise issued by the U.S. Treasury Department. Checks r items n which a stp payment has been issued r fr which there are insufficient funds. Checks drawn n a hme equity line f credit, r ther cnvenience checks. Traveler s checks, mney rders, r savings bnds. E. Endrsements and Prcedures. Yu agree t restrictively endrse any item transmitted thrugh Mbile Depsit Service with the signature f all payees and by designating the item as "Mbile Depsit Only" r as therwise instructed by BNC Natinal Bank. Yu agree t fllw any and all ther prcedures and instructins fr use f the Mbile Depsit Service as we may establish frm time t time. F. Receipt f Items. We reserve the right t reject any item transmitted thrugh the Mbile Depsit Service, at ur sle discretin, withut liability t yu. We are nt respnsible fr items we d nt receive r fr images that are drpped during transmissin. An image f an item shall be deemed received when yu receive a cnfirmatin frm us that we have received the image. Receipt f such cnfirmatin des nt mean that the transmissin was errr free, cmplete r will be cnsidered a depsit and credited t yur accunt. We further reserve the right t charge back t yur accunt at anytime, any item that we subsequently determine was nt an eligible item. Yu agree that we are nt liable fr any lss, csts, r fees yu may incur as a result f ur chargeback f an ineligible item. G. Availability f Funds. Yu agree that items transmitted using the Mbile Depsit Service are nt subject t the funds availability requirements f Federal Reserve Bard Regulatin CC. In general, if an image f an item yu transmit thrugh the Mbile Depsit Service is received and accepted befre7:00 p.m. Central Time n a business day that we are pen, we typically will cnsider that day t be the day f yur depsit. Otherwise, we will cnsider that the depsit was made n the next business day we are pen. Funds depsited using the Mbile Depsit Service will generally be made available within ne (1) business day frm the day f depsit. Hwever, availability f funds depsited using the Mbile Depsit Service may be delayed fr a lnger perid under certain circumstances. H. Dispsal f Transmitted Items. Upn yur receipt f a cnfirmatin frm us that we have received an image that yu have transmitted, yu agree t retain and safeguard the check fr at least furteen (14) calendar days frm the date f the image transmissin. After furteen (14) calendar days, if yu have verified that the funds have been credited t yur accunt, yu agree t destry the check that yu transmitted as an image, mark it "VOID", r therwise render it incapable f further transmissin, depsit, r presentment. During the time yu retain pssessin f the check, yu agree t prmptly prvide it t us upn request. I. Depsit Limits. We may establish limits n the dllar amunt and/r number f items r depsits yu may make thrugh the Mbile Depsit Service frm time t time. If yu attempt t initiate a depsit in excess f these limits, we may reject yur depsit. If we permit yu t make a depsit in excess f these limits, such depsit will still be subject t the terms f this Addendum, and we will nt be bligated t allw such a depsit at ther times. The current limits are psted n and may vary by client, prduct r based n ther cnsideratins as determined by BNC Natinal Bank. J. Errrs. Yu agree t ntify us immediately f any suspected errrs regarding items depsited thrugh the Mbile Depsit Service, and in n event later than thirty (30) calendar days after the applicable BNC Natinal Bank accunt statement is made available t yu. If yu fail t ntify us within thirty (30) calendar days f any such alleged errr, such statement regarding all depsits made thrugh the

5 Mbile Depsit Service shall be deemed crrect, and BNC Natinal Bank shall have n liability fr any such alleged errr. K. Errrs in Transmissin. By using the Mbile Depsit Service yu accept the risk that an item may be intercepted r misdirected during transmissin. BNC Natinal Bank bears n liability t yu r thers fr any such intercepted r misdirected items r infrmatin disclsed thrugh such errrs. L. Image Quality. The image f an item transmitted t us using the Mbile Depsit Service must be legible, as determined in ur sle discretin. Withut limiting the freging, the image quality f the items must cmply with the requirements established frm time t time by BNC Natinal Bank, the American Natinal Standards Institute, the Bard f Gvernrs f the Federal Reserve Bard, r any ther regulatry agency, clearinghuse r assciatin. M. User Warranties and Indemnificatin. Yu warrant t BNC Natinal Bank that: 1. Yu will use the MBS and the Mbile Depsit Service nly fr paper items that are payable t and indrsed by yu. 2. Yu will nly transmit legible items that cntain machine-readable MICR data. 3. Yu will nt transmit duplicate items. 4. Yu will nt re-depsit r re-present an riginal item. 5. Yu will nt stre r make a back-up cpy f any item yu submit electrnically. 6. Yu will review and verify fr accuracy the infrmatin cntained in the item yu submit electrnically. 7. Yu will nly transmit items that are drawn n r payable at r thrugh banks lcated within the United States. 8. All infrmatin yu prvide t BNC Natinal Bank is accurate and true. 9. Yu will prperly secure the Mbile Device that yu use in cnnectin with MBS and the Mbile Depsit Service. 10. Yu will cmply with this Addendum, the Agreement and all applicable rules, laws and regulatins. 11. Yu are nt aware f any factr which may impair the cllectability f the item. Yu agree t indemnify, defend and hld harmless BNC Natinal Bank frm any lss fr breach f this warranty prvisin. N. Cperatin with Investigatins. Yu agree t cperate with us in the investigatin f unusual transactins, pr quality transmissins, and reslutin f custmer claims, including by prviding, upn request and withut further cst t us, any riginals r cpies f items depsited thrugh the Mbile Depsit Service in yur pssessin and yur recrds relating t such items and transmissins. 7. Mbile Banking Service Limitatins. It is imprtant that yu understand the limitatins f MBS, including but nt limited t the fllwing: The balance in yur accunts may change at any time as we prcess items and fees against yur accunts, and the infrmatin prvided t yu thrugh MBS may becme quickly utdated. Because MBS is accessible nly thrugh yur Mbile Device, yur access t MBS may be limited by the service prvided by yur telecmmunicatins carrier. Nt all MBS services and features are available in every MBS platfrm. Mbile Depsit Service is nly available in dwnladable mbile applicatins. There may be technical r ther difficulties related t MBS. These difficulties may result in lss f data, persnalized settings r ther MBS interruptins. Neither BNC Natinal Bank nr its third party service prviders assume any respnsibility fr the timeliness, deletin, r

6 misdelivery f any user data, failure t stre user data, cmmunicatins r persnalized settings in cnnectin with yur use f MBS, nr fr the delivery r the accuracy f any infrmatin requested r prvided thrugh MBS. Neither we nr any f ur service prviders assumes respnsibility fr the peratin, security, functinality r availability f any Mbile Device r mbile netwrk which yu utilize t access the MBS, nr guarantee that yu will have cntinuus r uninterrupted access t MBS. We are nt respnsible fr any delay, failure r errr in the transmissin r cntent f infrmatin prvided thrugh MBS. Neither we nr any f ur service prviders and affiliates will be liable fr damages arising frm the nn-delivery, delayed delivery, r imprper delivery f any infrmatin thrugh MBS, frm any inaccurate infrmatin prvided thrugh MBS, frm yur use f r reliance n any infrmatin prvided thrugh MBS, r frm yur inability t access MBS. We will nt be liable t yu fr any lsses caused by yur failure t prperly use MBS r yur Mbile Device, r fr any lsses resulting if yur Mbile Device is lst r stlen. We reserve the right t refuse t make any transactin yu request thrugh MBS fr any reasn. Yu agree and understand that MBS may nt be accessible r may have limited utility ver sme mbile netwrks, such as while raming. Yu agree t exercise cautin when utilizing MBS n yur Mbile Device and t use gd judgment and discretin when btaining r transmitting infrmatin. Financial infrmatin btained thrugh MBS (including, withut limitatin, any text message alerts) reflects the mst recent accunt infrmatin available thrugh MBS and may nt be accurate r current. Yu agree that neither we nr ur service prviders will be liable fr any errrs r delays in the cntent, r fr any actins taken in reliance theren. Certain features and functins available thrugh Persnal Online Banking may nt be available using MBS. 8. Security. In additin t the safeguarding and security prvisins set frth in the Agreement, the fllwing prvisins shall apply t yur use f MBS: Once yu have registered fr MBS, yur Mbile Device may be used t btain infrmatin abut yur BNC Natinal Bank accunts, and perfrm transactins n and make transfers between yur BNC Natinal Bank accunts. Yu are respnsible fr maintaining the security f yur Mbile Device and yu are respnsible fr all transfers made using yur Mbile Device. MBS will display sensitive infrmatin abut yur Mbile Accunts, including balances and transfer amunts. Anyne with access t yur Mbile Device may be able t view this infrmatin. In rder t prevent misuse f yur accunts thrugh MBS, yu agree t prtect all lgin credentials assciated with yur accunts and MBS, and t mnitr yur accunts n a regular basis. All uses f MBS thrugh yur lgin credentials will be deemed t be uses authrized by yu and be binding upn yu. In additin t prtecting yur lgin credentials and ther accunt infrmatin, yu shuld als take precautins t prtect yur persnal identificatin infrmatin, such as yur driver's license, Scial Security Number, etc. This infrmatin by itself r tgether with ther accunt infrmatin may allw unauthrized access t yur accunts. Yu are als respnsible fr prtecting and securing all infrmatin and data stred in yur Mbile Device. 9. Additinal Usage Obligatins. When yu use the Mbile Banking Service t access yur accunts, yu agree t the fllwing terms (which terms shall survive the terminatin f this Addendum r the Agreement):

7 A. Accunt Ownership/Accurate Infrmatin. Yu represent that yu are the legal wner f the accunts and ther financial infrmatin which may be accessed thrugh MBS. Yu represent and agree that all infrmatin yu prvide t us in cnnectin with MBS is accurate, current and cmplete, and that yu have the right t prvide such infrmatin t us fr the purpse f perating MBS. Yu agree t nt misrepresent yur identity r yur accunt infrmatin. Yu agree t keep yur accunt infrmatin up t date and accurate. B. Prprietary Rights. Yu are permitted t use cntent delivered t yu thrugh MBS nly in cnnectin with yur prper use f MBS. Yu may nt cpy, reprduce, distribute, r create derivative wrks frm this cntent. C. User Cnduct. Yu agree nt t use MBS r the cntent r infrmatin delivered thrugh MBS in any way that wuld (i) infringe any third-party cpyright, patent, trademark, trade secret, r ther prprietary rights r rights f publicity r privacy, including any rights in MBS sftware, (ii) be fraudulent r invlve the sale f cunterfeit r stlen items, including, but nt limited t, use f MBS t impersnate anther persn r entity, (iii) vilate any law, statute, rdinance r regulatin (including, but nt limited t, thse gverning exprt cntrl, cnsumer prtectin, unfair cmpetitin, anti-discriminatin r false advertising), (iv) be false, misleading r inaccurate, (v) create liability fr us r ur affiliates r service prviders, r cause us t lse (in whle r in part) the services f any f ur service prviders, (vi) be defamatry, trade libelus, unlawfully threatening r unlawfully harassing, (vii) ptentially be perceived as illegal, ffensive r bjectinable, (viii) interfere with r disrupt cmputer netwrks cnnected t MBS, (ix) interfere with r disrupt the use f MBS by any ther user, (x) result in unauthrized entry r access t the cmputer systems r netwrks f thers; (xi) send unslicited electrnic mail messages (als knwn as spam). D. N Cmmercial Use r Re-Sale. Yu agree that MBS is fr persnal use nly. Yu agree nt t resell r make cmmercial use f MBS. E. Safeguards. Yu agree t take every precautin t ensure the safety, security and integrity f yur accunts and transactins when using MBS. Yu agree nt t leave yur Mbile Device unattended while lgged int MBS and t lg ff immediately at the cmpletin f each access by yu. Yu agree nt t prvide yur passwrd r ther access infrmatin t any ther persn. If yu d, we will nt be liable fr any damage resulting t yu. Yu agree t ntify us immediately if yu lse, r change r cancel the number f, yur Mbile Device, r if yur Mbile Device is stlen. If yu believe that smene may have unauthrized access t yur Mbile Device, yu agree t cancel the MBS assciated with the Mbile Device immediately. Yu agree t prvide us with immediate ntice in the event yu suspect fraud r any unauthrized access t any f yur accunts. Yu agree t cmply with all applicable laws, rules and regulatins in cnnectin with MBS. F. Lcatin. Yu agree nt t access r use MBS frm lcatins utside f the United States, and we specifically d nt warrant that MBS will functin in any freign cuntries. 10. Exclusin f Warranties; Limitatin f Liability; Indemnificatin. Limitatins n BNC Natinal Bank's liability are described in the Agreement and the Signature Card and Terms & Cnditins. In additin: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF MBS IS AT YOUR SOLE RISK. MBS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MBS IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND BNC NATIONAL BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. BNC NATIONAL BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY THIRD PARTY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF MBS. NO ADVICE OR INFORMATION, WHETHER ORAL OR

8 WRITTEN, OBTAINED BY YOU FROM BNC NATIONAL BANK OR THROUGH OR FROM YOUR USE OF MBS WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. Yur sle and exclusive remedy fr any failure r nn-perfrmance f MBS (including any sftware r their materials supplied in cnnectin with MBS) shall be fr us t use cmmercially reasnable effrts t crrect the applicable mbile banking service. Yu agree t indemnify, hld harmless and defend us, ur parent cmpany and its affiliates and each f their respective directrs, fficers, emplyees, sharehlders, parents, subsidiaries, affiliates, agents, licensrs and service prviders (cllectively, the Indemnitees ) frm and against all liabilities, damages, claims, bligatins, demands, charges, csts, r expenses (including reasnable fees and disbursements f legal cunsel and accuntants) awarded against r incurred r suffered (cllectively, the Lsses and Liabilities ) by Indemnitees arising directly r indirectly frm r related t the fllwing (except Lsses and Liabilities arising directly r indirectly frm r related t ur wn grss negligence r willful miscnduct): a) Any negligent r intentinal act r missin by yu in the perfrmance f yur bligatins under this Addendum, including, but nt limited t (i) duplicate scanning r the same riginal paper item, (ii) transmissin f the duplicate electrnic item, (iii) calculatin errrs f depsit ttals, (iv) numerical errrs n depsit data entry, and (v) fraudulent r unauthrized use f yu Mbile Device r security credentials; (b) Yur breach f this Addendum; (c) Any vilatin f any applicable law, statute r regulatin in the perfrmance f yur bligatins under the Addendum; (d) BNC Natinal Bank acting as a recnverting bank under the Check Clearing fr the 21 st Century Act thrugh the creatin f substitute checks r purprted substitute checks in using an electrnic item r an illegible electrnic item; (e) Any use by yu f MBS, r the use f MBS by and f yur c-depsitrs r any ther persn whm yu have permitted t use MBS; (f) Yur infringement, misuse r misapprpriatin f any intellectual prperty r ther right f any persn r entity; and/r (g) Yur cmmissin f fraud r any ther unlawful activity r cnduct. 11. Miscellaneus. A. Yu agree that BNC Natinal Bank may cllect infrmatin abut yur Mbile Device, system and applicatin sftware in cnnectin with ffering and perating MBS and t enhance yur experience when using MBS. Our Privacy Ntice is available n the BNC Natinal Bank website. B. We reserve the right t blck access r delete MBS sftware frm yur Mbile Device if we r ur agents r MBS service prviders have reasn t believe yu are misusing the MBS r therwise nt cmplying with this Addendum r the Agreement, r have reasn t suspect yur Mbile Device has been infected with malicius sftware r virus. C. BNC Natinal Bank is nt respnsible fr translating any f the infrmatin cntained within MBS t any ther language and we are nt respnsible fr the accuracy f any third party translating services. D. Fr assistance with MBS, please visit access the Mbile tab within Persnal Online Banking, r call BNC Natinal Bank at E. BNC Natinal Bank may prvide links t third party websites withut endrsing the accuracy r safety f the third party service, and BNC Natinal Bank disclaims all liability fr any linked sites r their cntent. It is imprtant fr yu t take necessary precautins t ensure apprpriate safety frm viruses, wrms, Trjan hrses, and ther ptentially destructive items. When visiting external websites, yu shuld review thse websites' privacy plicies and ther terms f use t learn mre abut hw they cllect and use any persnally identifiable infrmatin. F. BNC Natinal Bank reserves the right t emply "ckie" technlgy as a prerequisite fr yur use f MBS. Nt allwing "ckies" may prevent MBS frm functining as intended. G. Yu are respnsible fr yur wn acquisitin, upkeep and management f yur Mbile Device. Further, yu are respnsible fr prcuring yur wn netwrk r cellular cnnectins. BNC Natinal

9 Bank des nt prvide internet r cellular cnnectivity r the devices assciated with the use f this service. H. Yu are respnsible fr the accuracy f yur data entry and use f the applicatin when accessing accunts and cnducting transactins. BNC Natinal Bank is nt liable fr errrs caused by yur misuse r errr. This includes any errr caused by "pre-filling" r autmated entry dne n yur behalf by the device, system r applicatin sftware. I. BNC Natinal Bank maintains the right t cntact yu via yur Mbile Device as a means t relay imprtant accunt infrmatin r infrmatin abut the use f MBS fr as lng as yu are enrlled in MBS. J. BNC Natinal Bank shall nt be liable fr any failure t perfrm its bligatins under this Addendum r the Agreement due t the ccurrence f an event beynd ur cntrl (including withut limitatin as fire, fld, pwer utage, acts f Gd, gvernment r civil authrity, civil r labr disturbance, war, rits, r the failure f ur service prviders t perfrm). 12. Third Party Beneficiaries. Yu agree that ur MBS service prviders (including any prvider f MBS sftware) may rely upn yur agreements and representatins in this Addendum, and such service prviders are third party beneficiaries f such agreements and representatins, with the pwer t enfrce thse prvisins against yu, as applicable and as the circumstances r cntext may require.