MOBILE BANKING SERVICES END USER AGREEMENT

Transcription

1 MOBILE BANKING SERVICES END USER AGREEMENT This Mbile Banking Services End User Agreement ("Agreement") gverns yur use f the Mbile Banking Services (defined belw) prvided t yu by TruStar Federal Credit Unin ( TruStar ). TERMS AND CONDITIONS GENERAL 1. Fr purpses f this Agreement, Mbile Banking Services means cllectively all f the financial services that TruStar makes available, and t which yu have access, using a wireless device such as a cell phne, smartphne, persnal digital assistant r tablet cmputer (each a "wireless device") and includes, by way f example and nt limitatin, mbile remte depsit capture, mbile web brwser banking, and banking initiated by means f a dwnladable applicatin. 2. Yur use f the Mbile Banking Services is subject t this Agreement and t the fllwing, all f which are cnsidered part f this Agreement: the Terms and Cnditins f Use fr the TruStar website, (the "website"); the terms r instructins appearing n the website and elsewhere when enrlling fr, activating, accessing, r using the Mbile Banking Services; TruStar's rules, prcedures and plicies, as amended frm time t time, that apply t the Mbile Banking Services r any accunt yu maintain with TruStar (each an "Accunt"); the prvisins f TruStar s TruBank Online Access Agreement and Disclsure; the then-current rules and regulatins, if any, f any funds transfer system r payment system used in cnnectin with any Accunt; and state and federal laws and regulatins, as applicable. In additin, each Accunt will cntinue t be subject t any separate agreement applicable t such Accunt. If this Agreement cnflicts with the separate agreement t which an Accunt is subject, then this Agreement will cntrl and take precedence, unless this Agreement expressly states therwise. 3. TruStar reserves the right t amend the terms and cnditins f the Mbile Banking Services frm time t time. TruStar may suspend r terminate yur use f the Mbile Banking Services if TruStar believes yu are in breach f these terms and cnditins. Yur service is als subject t terminatin if yur wireless service terminates r lapses. TruStar may discntinue the Mbile Banking Services at any time. TERMS AND CONDITIONS LICENSE AND USE OF THE DOWNLOADABLE APPLICATION 1. Ownership. Yu acknwledge and agree that a third party prvider r licensr t TruStar ("Licensr") is the wner f all right, title and interest in and t the dwnladed sftware used t access the Mbile Banking Services frm TruStar and the cmputer prgrams cntained therein in machine readable bject cde frm as well as any accmpanying user dcumentatin alng with all subsequent cpies, updates r

2 versins theref which are made available t yu (if any), regardless f the media r frm in which they may exist (cllectively the "Sftware"). 2. License. Subject t the terms and cnditins f this Agreement, yu are hereby granted a limited, nnexclusive license t use the Sftware in accrdance with the terms f this Agreement. All rights nt expressly granted t yu by this Agreement are hereby reserved by the wner f the Sftware. Nthing in this license will entitle yu t receive hard cpy dcumentatin, technical supprt, telephne assistance, r updates t the Sftware. This Agreement may be terminated at any time, fr any reasn r n reasn. Upn terminatin, yu agree t immediately destry all cpies f the Sftware in yur pssessin r cntrl. 3. Restrictins. Yu shall nt: (i) mdify, revise r create any derivative wrks f the Sftware; (ii) decmpile, reverse engineer r therwise attempt t derive the surce cde fr the Sftware; (iii) redistribute, sell, rent, lease, sublicense, r therwise transfer rights t the Sftware; r (iv) remve r alter any prprietary ntices, legends, symbls r labels in the Sftware, including, but nt limited t, any trademark, lg r cpyright. 4. Disclaimer f Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. 5. Limitatin f Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. 6. U.S. Gvernment Restricted Rights. The Sftware is cmmercial cmputer sftware subject t RESTRICTED RIGHTS. In accrdance with 48 CFR (Cmputer sftware) r DFARS (Cmmercial cmputer sftware and cmmercial cmputer sftware dcumentatin), as applicable, the use, duplicatin, and disclsure f the Sftware by the United States f America, its agencies r instrumentalities is subject t the restrictins set frth in this Agreement.

3 7. Miscellaneus. This Agreement cnstitutes the entire agreement between the parties cncerning the subject matter heref. This Agreement will be gverned by and cnstrued in accrdance with the laws f the state f Minnesta, excluding that bdy f laws pertaining t cnflict f laws. If any prvisin f this Agreement is determined by a curt f law t be illegal r unenfrceable, such prvisin will be enfrced t the maximum extent pssible and the ther prvisins will remain effective and enfrceable. All disputes relating t this Agreement are subject t the exclusive jurisdictin f the curts f Minnesta and the parties expressly cnsent t jurisdictin and venue theref and therein. The parties cnfirm that this Agreement and all related dcumentatin is and will be in the English language. The applicatin f the United Natins Cnventin n Cntracts fr the Internatinal Sale f Gds is hereby expressly waived and excluded. 8. Cntent and Services. Neither Licensr nr the prvider f the wireless netwrk is the prvider f any financial services available thrugh r related t the Sftware, and neither Licensr nr the prvider f the wireless netwrk r any cntractr f the prvider f the financial services available thrugh r related t the Sftware, is respnsible fr any f the materials, infrmatin, prducts r services made available t yu via the Sftware. TERMS AND CONDITIONS MOBILE REMOTE DEPOSIT CAPTURE 1. Descriptin - The mbile remte depsit capture service ("Mbile Depsit") prvides yu the ability t access and make depsits t yur designated eligible Accunts using the Sftware. Mbile Depsit is designed t take advantage f The Check Clearing fr the 21st Century Act and its regulatins (cllectively "Check 21"). Mbile Depsit enables yu t use a cmpatible wireless device t phtgraph an image f an riginal paper check (each an "Original Check") that are drawn n r payable thrugh United States financial institutins (each a "Check Image") and t electrnically submit the Check Image and assciated depsit infrmatin t TruStar frm yur hme r ther remte lcatins using the Sftware fr depsit int a designated eligible Accunt fr cllectin thereafter by TruStar. A Check Image submitted t TruStar electrnically fr depsit is nt deemed received until TruStar accepts and cnfirms receipt f yur Check Image depsit. 2. Requirements - Yur use f Mbile Depsit is subject t the fllwing requirements: T access Mbile Depsit yu must have r acquire and maintain a cmpatible handheld device with the ability t take phtgraphs and a wireless plan frm a cmpatible wireless carrier r access t a secure Wi-Fi netwrk. TruStar will autmatically qualify and apprve yu t use Mbile Depsit based n preestablished accunt eligibility criteria set frm time t time by TruStar. TruStar reserves the right t change eligibility criteria fr Mbile Depsit at any time. Yu may phtgraph and submit Check Images fr depsit t TruStar within the dllar limits ("Depsit Limits") established fr yu by TruStar. TruStar reserves the right t limit the frequency and dllar amunt f depsits submitted thrugh Mbile Depsit. If yu exceed the Depsit Limits established fr yu, TruStar may in its sle discretin accept r refuse the Check Image depsit. If at any time TruStar accepts a Check Image depsit that exceeds yur Depsit Limits, TruStar will have n bligatin t d s in the future. TruStar may at any time at its sle discretin raise r lwer yur Depsit Limits.

4 By accessing Mbile Depsit, yu authrize TruStar t prvide yu with access t all f the eligible Accunts qualified t participate in Mbile Depsit. The fllwing Accunt types are currently eligible fr Mbile Depsit: checking, savings, and mney market Accunts. TruStar reserves the right t limit the features f Mbile Depsit available with respect t different types f eligible Accunts. 3. Depsit Prcessing - Phtgraphing and submitting Check Image depsits des nt cnstitute receipt f the depsit by TruStar. Generally, Check Image depsits received prir t 4:00 p.m. Central Standard Time (CST) are prcessed n the Business Day f receipt. Fr purpses f this Agreement, Business Day means any day ther than Saturdays, Sundays, and hlidays when TruStar is clsed t the public. Any Check Image depsit received after 4:00 p.m. CST n a Business Day r n a day ther than a Business Day will be prcessed n TruStar's next Business Day. Acknwledgment that yur Check Image depsit has been received by TruStar des nt mean that the Check Image depsit was received errr free. 4. Cnfirmatin f Receipt r Rejectin - TruStar will send yu an t cnfirm receipt f yur Check Image depsit. TruStar will send a ntice t yu if yur Check Image depsit is rejected in whle r in part. Yu may verify receipt and the amunt f yur Check Image depsit credited t yur accunt by reviewing yur statement nline r by calling a Member Service Representative at (800) Eligibility Criteria - Yu agree that yu will use Mbile Depsit t phtgraph nly Original Checks payable t and prperly endrsed by yu, drawn n financial institutins in the United States with a valid ABA/Ruting Number and denminated in U.S. Dllars, and intended fr depsit by yu t yur designated Accunt with TruStar. All ther items may be depsited by alternate methds such as in persn r by mail including a cmpleted accunt depsit slip. 6. Ineligible Check Images - Yu understand that TruStar is nt bligated t accept fr depsit any Check Image that TruStar in its sle discretin determines t be ineligible fr Mbile Depsit. Ineligible items include: Checks Images payable t any persn r entity ther than yu. Checks Images cntaining bvius alteratin t any f the fields n the frnt f the check, 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 r item is drawn. Check Images f items drawn n banks lcated utside the United States; Check Images nt payable in United States Currency. Check Images dated mre than 6 mnths prir t the date f depsit. Checks exceeding $2,500. Check Images that previusly cnverted t Substitute Checks (as defined by Check 21) Check Images with unreadable magnetic ink character recgnitin ("MICR") infrmatin. Yu acknwledge and agree that even if TruStar des nt identify a Check Image as ineligible, the Check Image may be returned t TruStar because, amng ther reasns, the Check Image r any Substitute Check created frm the Check Image is deemed ineligible by the financial institutin upn which it is drawn r any intermediate cllecting financial institutin. TruStar's failure t identify a Check Image yu transmit t TruStar as ineligible shall nt preclude r limit yur bligatins.

5 7. Endrsement and Prcedures Yu agree t restrictively endrse any item captured thrugh Mbile Depsit as Fr mbile depsit nly fllwed by yur signature, r as therwise instructed by TruStar. 8. Destructin f Check Images - Yu shall fully destry each Original Check in yur Check Image depsit thirty (30) days fllwing receipt and crediting f yur Check Image depsit r as TruStar may therwise instruct. Prir t destructin yu shall maintain each Original Check in a secure lcatin. Yu understand each Original Check must be fully destryed fllwing any retentin perid and that a paper shredder is ne such methd t assure destructin. Yu are respnsible if an Original Check is misused fllwing submissin by Mbile Depsit and its full destructin. 9. Representatins and Warranties - Yu make the fllwing representatins and warranties. Yu shall nt alter any Original Check r Check Image and shall review the Check Image t ensure that it accurately represents all f the infrmatin n the frnt and the back f the Original Check at the time yu phtgraphed the Check Image. Yu shall submit t TruStar nly Check Images that are suitable fr prcessing, including, but nt limited t, Check Images that are legible and cntain machine-readable MICR data. Yu shall destry the Original Checks as stated abve. Yu shall nt submit t TruStar r t any ther persn r entity fr depsit r credit any Original Check if a Check Image f the Original Check has already been submitted and accepted fr depsit int yur Accunt with TruStar r which yu previusly submitted t and was accepted by any ther persn r entity fr depsit. Yu shall nt depsit int yur Accunt with TruStar r any ther depsit taking institutin, r therwise negtiate r transfer t anyne, any Original Check that yu submitted as a Check Image depsit t TruStar, unless fllwing receipt f yur submissin, TruStar ntifies yu that the Check Image is ineligible and nt accepted fr depsit r that the Check Image r any Substitute Check created frm the Image is refused by the financial institutin upn which it is drawn. Yu shall indemnify, defend, and hld TruStar and its agents frm and against all liability, damage and lss arising frm any claims, suits, r demands, brught by third parties with respect t any Check Image, Substitute Check, r Original Check prcessed thrugh Mbile Depsit as described abve. Yu shall use Mbile Depsit nly fr yur wn persnal r hme ffice use in accrdance with the terms f this Agreement. Yu shall nt make Mbile Depsit available r transfer yur rights t use Mbile Depsit fr the benefit f any third party. 10. Acknwledgment; Limitatin f Liability - TruStar will acknwledge receipt f yur Check Image depsit submitted thrugh Mbile Depsit and ntify yu if a Check Image is nt eligible fr depsit. TruStar's ability t prvide Mbile Depsit is cnditined upn the availability f the wireless r cmputer services and systems used in transmitting yur requests and TruStar's respnse. TruStar shall nt be liable r respnsible fr any lss r damage incurred due t the failure r interruptin f Mbile Depsit, wireless r cmputer services, r systems, resulting frm the act r missin f any third party r ther causes nt reasnably within TruStar's cntrl.

6 11. Business Accunts - The fllwing prvisins are applicable t Business Accunts. "Business Accunts" mean sle prprietrships, partnerships, limited liability cmpanies, crpratins, and ther frms f business rganizatin that are nt "cnsumer" accunts and are nt maintained primarily fr persnal, family, r husehld purpses. Fr Business Accunts using Mbile Depsit, TruStar is nt respnsible fr any lss, injury r damage, whether direct, indirect, special, cnsequential, exemplary, ecnmic r therwise, caused by Mbile Depsit r the use f Mbile Depsit except as therwise expressly prvided fr in this Agreement r by applicable law. By using Mbile Depsit t access yur Business Accunts, yu are respnsible fr any unauthrized use f Mbile Depsit and any lss r damages incurred due t the unauthrized access t yur Business Accunts. If yur depsit activity thrugh Mbile Depsit exceeds yur Depsit Limits, TruStar reserves the right t disable yur access t Mbile Depsit Capture service and prvide yu with infrmatin n ther business banking electrnic depsit ptins that may be available t yu. If any persn authrized access thrugh Mbile Depsit t cnduct transactins n any Business Accunt is n lnger authrized, it is yur respnsibility t ntify TruStar. TruStar shall nt be liable r respnsible t yu fr any transactins cnducted n a Business Accunt by any persn whse authrity t cnduct transactins is n lnger in effect until TruStar is expressly ntified. 12. Funds Availability - This disclsure describes yur ability t withdraw funds at TruStar Federal Credit Unin. It nly applies t the availability f funds in transactin accunts. The Credit Unin reserves the right t delay the availability f funds depsited t accunts that are nt transactin accunts fr perids lnger than thse disclsed in this plicy. Please ask us if yu have a questin abut which accunts are affected by this plicy. 12 a. GENERAL POLICY Our plicy is t make funds frm yur cash and check depsits available t yu n the same business day that we receive yur depsit. Electrnic direct depsits will be available n the day we receive the depsit. Once they are available, yu can withdraw the funds in cash and we will use the funds t pay checks that yu have written. Fr determining the availability f yur depsits, every day is a business day, except Saturdays, Sundays, and federal hlidays. If yu make a depsit befre 5:00 p.m. n a business day that we are pen, we will cnsider that day t be the day f yur depsit. Hwever, if yu make a depsit after 5:00 p.m. r n a day we are nt pen, we will cnsider that the depsit was made n the next business day we are pen. 12 b. RESERVATION OF RIGHT TO HOLD In sme cases, we will nt make all f the funds that yu depsit by check available t yu n the same business day that we receive yur depsit. Funds may nt be available until the secnd business day after the day f yur depsit. Hwever, the first $ f yur depsit will be available n the first business day after the day f yur depsit. If we are nt ging t make all f the funds frm yur depsit available n the same business day, we will ntify yu at the time yu make yur depsit. We will als tell yu when the funds will be available. If yur depsit is nt made directly t ne f ur emplyees, r if we decide t take this actin after yu have left the premises, we will mail yu the ntice by the next business day after we receive yur depsit. If yu will need the funds frm a depsit right away, yu shuld ask us when the funds will be available.

7 12 c. HOLDS ON OTHER FUNDS If we cash a check fr yu that is drawn n anther financial institutin, we may withhld the availability f a crrespnding amunt f funds that are already in yur accunt. Thse funds will be available at the time funds frm the check we cashed wuld have been available if yu had depsited it. If we accept fr depsit a check that is drawn n anther financial institutin, we may make funds frm the depsit available fr withdrawal immediately but delay yur availability t withdraw a crrespnding amunt f funds that yu have n depsit in anther accunt with us. The funds in the ther accunt wuld then nt be available fr withdrawal until the time perids that are described elsewhere in this disclsure fr the type f check that yu depsited. 12 d. LONGER DELAYS MAY APPLY We may delay yur ability t withdraw funds depsited by check int yur accunt an additinal number f days fr these reasns: We believe a check yu depsit will nt be paid. Yu depsit checks ttaling mre than $5, n any ne (1) day. Yu depsit a check that has been returned unpaid. Yu have verdrawn yur accunt repeatedly in the last six (6) mnths. There is an emergency, such as failure f cmmunicatins r cmputer equipment. We will ntify yu if we delay yur ability t withdraw funds fr any f these reasns, and we will tell yu when the funds will be available. They will generally be available n later than the seventh business day after the day f yur depsit. 12 e. SPECIAL RULES FOR NEW ACCOUNTS If yu are a new member, the fllwing special rules will apply during the first 30 days yur accunt is pen. Funds frm electrnic direct depsits t yur accunt will be available n the day we receive the depsit. Funds frm depsits f cash, wire transfers, and the first $5, f a day s ttal depsits f cashier s, certified, teller s, traveler s, and federal, state, and lcal gvernment checks will be available n the next business day after the day f yur depsit if the depsit meets certain cnditins. Fr example, the checks must be payable t yu. The excess ver $5, will be available n the ninth business day after the day f yur depsit. If yur depsit f these checks (ther than a U.S. Treasury check) is nt made in persn t ne f ur emplyees, the first $5, will nt be available until the secnd business day after the day f yur depsit. Funds frm all ther check depsits will be available n the ninth business day after the day f yur depsit. 12 f. DEPOSITS AT NONPROPRIETARY ATMS Funds frm any depsits (cash r checks) made at autmated teller machines (ATMs) we d nt wn r perate will nt be available until the fifth business day after the date f yur depsit. This rule des nt apply at ATMs that we wn r perate. All ATMs that we wn r perate are identified as ur machines. 12 g. FOREIGN CHECKS Checks drawn n financial institutins lcated utside the U.S. (freign checks) cannt be prcessed the same as checks drawn n U.S. financial institutins. Freign checks are exempt frm the plicies utlined in this disclsure. Generally, the availability f funds fr depsits f freign checks will be delayed fr the time it takes us t cllect the funds frm the financial institutins upn which it is drawn.

8 13. Fees and Charges - All fees and charges related t any Accunt yu access with Mbile Depsit as stated in the applicable Fee Schedule fr the Accunt will remain in effect when using Mbile Depsit. The mnthly fees and charges, if any, fr the use f Mbile Depsit are fund in the applicable Fee Schedule. 14. DISCLAIMER OF WARRANTIES - YOU AGREE YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUSTAR DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TRUSTAR MAKES NO WARRANTY THAT MOBILE DEPOSIT (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT THE RESULTS OBTAINED FROM MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL TRUSTAR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE MOBILE DEPOSIT OR FOR ANY LOSS OF DATA, EVEN IF TRUSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 15. Cnsent t Electrnic Cmmunicatins - Yu agree that TruStar may prvide yu with all disclsures, ntices, and ther cmmunicatins abut Mbile Depsit, and any future amendments r changes r additins t this Agreement, in electrnic frm. TruStar will prvide all future updates t this Agreement by psting the updated Agreement n the Website. At yur request, TruStar agrees t prvide yu with a paper cpy f this Agreement. Yu may request paper cpies f this Agreement by calling a Member Service Representative at (800) Yur cnsent t receive ntices and updates in electrnic frm nly will apply fr as lng as yu use Mbile Depsit. Yu may withdraw yur cnsent at any time by chsing t cancel Mbile Depsit. TruStar may amend r change the terms and cnditins stated in this Agreement (including changes in the fees and charges hereunder) by giving ntice t yu at least the minimum ntice required by law r regulatin befre the effective date f the amendment r change. Amendments may include adding new terms r cnditins and deleting existing terms and cnditins. Prir ntice need nt be given where an immediate change in terms r cnditins is necessary t maintain r restre the security f the Mbile Depsit r the safety f TruStar's relatinship with yu r is therwise required immediately by law r applicable regulatin. TruStar shall thereafter prmptly advise yu f any such change in writing.