Mobile Banking User Terms
You must accept the Mobile Banking User Terms to use mobile banking services.
1. Eligible Enrollees. The
mobile banking services (the “Services”) are only available to
you as an enrolled and approved digital banking customer of
FirstState Bank. By accepting and using the Services, you agree
to comply with these Mobile Banking User Terms as well as all
other user and account agreements between you and FirstState
Bank applicable to your use of the Services.
2. General. Access FirstState
Bank’s digital banking services via your mobile device is
powered by the mobile technology solution owned by Apiture, Inc.
and its third-party providers (collectively the “Provider”).
The Provider is not the provider of any of the financial
services available to you through the Software (defined below),
and Provider is not responsible for any of the materials,
information, products or services made available to you through
the Software.
5. Restrictions. You shall
not: (i) modify, revise or create any derivative works of the
Software; (ii) decompile, reverse engineer or otherwise attempt
to derive the source code for the Software or architecture of
the Services; (iii) redistribute, sell, rent, lease, sublicense,
or otherwise transfer rights to the Software; (iv) remove or
alter any proprietary notices, legends, symbols or labels in the
Software, including, but not limited to, any trademark, logo or
copyright of Provider or FirstState Bank; or (v) use the
Services or Software for any improper or illegal purpose.
FirstState Bank reserves the right,
in its reasonable discretion, to terminate or suspend your
access to the Services or Software, with or without advance
notice, if it has reason to believe, in its sole and reasonable
discretion, that you are in breach of applicable law or these
Mobile Banking User Terms or your use of the Services and/or
Software jeopardizes the integrity or security of the Services,
the Software or any supporting security network infrastructure.
6. Updates and Upgrades. These
Mobile Banking User Terms govern any updates that replace and/or
supplement the original Software, unless such update is
accompanied by a separate license in which case the terms of
that license will govern. Provider may, in its sole
discretion, make updates, upgrades or other changes to the
Software. Upon request, you agree to upgrade or update your
mobile device to the supported release of the Software to
maintain compatibility. Provider will have no liability arising
out of or relating to your use of an unsupported release.
Certain Software updates or upgrades may be automatically
downloaded.
7. Mobile Check Deposit.
To the extent the Services include functionality enabling you to
present an image of a legal representation, as defined by
federal law, of a check to be deposited into your FirstState
Bank checking or savings account electronically (“MCD
Services”), the following supplemental terms and conditions
shall also apply:
a. You must only use current Software made available by
FirstState Bank through designated channels.
b. You are responsible for all the data submitted through the
MCD Services which must accurately represent the information on
the original check(s).
c. You agree that the electronic image of the item submitted
to FirstState Bank, as defined by federal law, is a legal
representation of the check for all purposes, including return
check processing.
d. You may experience technical or other difficulties when
using the MCD Services and neither FirstState Bank nor Provider
assume any liability for any technical or other difficulties you
experience.
e. FirstState Bank or Provider reserves the right to change,
suspend or revoke services, immediately and at any time without
prior notice to you. In the event this Service is not available
to you, you acknowledge that you can attempt to deposit your
check at a branch office location or by mail.
f. Only FirstState Bank checking and savings accounts are
eligible for the MCD Services. You must be enrolled in Internet
Banking and Mobile Banking.
g. FirstState Bank may charge a usage fee for MCD Services
and reserves the right to start charging for MCD Services at any
time.
h. If an item you transmit for deposit is dishonored,
rejected, or otherwise returned unpaid, you agree that FirstState
Bank may charge back the amount of the return to the account the
check was originally deposited to and assess a fee in the amount
shown on FirstState Bank’s current Schedule of Fee Charges for a
returned check. If there are not sufficient funds in your
account to cover the amount of the returned check, the account
will be overdrawn, and you will be responsible for payment.
FirstState Bank may debit any account maintained by you in order
to obtain payment of your obligations under these Mobile Banking
User Terms.
i.
You acknowledge that wireless providers may assess or
impose fees, limitations, or restrictions. You agree that you
are solely responsible for all such fees, limitations, and
restrictions, and that FirstState Bank may contact you via your
wireless device for any purpose concerning your business
relationship with FirstState Bank, including but not limited to
account servicing and collection purposes.
j.
You agree to scan and deposit only “checks” as that term
is defined in Federal Reserve Regulation CC, Availability of
Funds and Collection of Checks. When the image of the check is
transmitted to FirstState Bank and is converted to an Image
Replacement Document for subsequent presentment and collection,
it shall be thereafter deemed an “item” within the meaning of
Articles 3 and 4 of the Uniform Commercial Code. Checks must be
made payable to the account owner or joint owner(s) and must
meet FirstState Bank’s endorsement requirements.
k.
You agree that you will not use the MCD Service to scan
and deposit any ineligible checks or items. Listed below are
examples of ineligible checks or items.
·
Checks payable to any person or entity
other than a person or entity that owns the account the check is
being deposited into
·
Checks payable jointly, unless deposited
into an account in the name of all payees
·
Checks drawn on or otherwise issued by
you or another person on any of your accounts or any account on
which you are an authorized signer or joint account holder at
this institution or any other institution.
·
Checks that contain an alteration to the
information on the check, or which you know or suspect, or
should know or suspect, are fraudulent or otherwise not
authorized by the owner of the account on which the check is
drawn
·
Checks that are incomplete
·
Checks missing any endorsements on the
back
·
Checks previously submitted through the
Service or through a remote deposit service offered at any other
financial institution
·
Checks that have previously been
deposited or negotiated in any way via any method at this or any
other financial institution
·
Checks drawn on a financial institution
in a foreign country
·
Checks not payable in United States
currency
·
Checks which are post-dated, stale-dated,
or expired
·
Checks that are remotely created checks,
as defined in Regulation CC
·
Checks previously converted to a
substituted check, as defined in Regulation CC
·
Checks that require authorization
·
Checks that are payable on sight or
payable through drafts, as defined in Regulation CC
·
Checks or items that are drawn on or
otherwise issued by the U.S. Treasury Department
·
Items other than checks such as cash,
savings bonds, traveler’s checks, etc.
·
Checks that, in FirstState Bank’s sole
discretion, contain any irregularity
l.
You agree to endorse all check with your signature and
account number and print "For Mobile Deposit Only" on all
checks. FirstState Bank reserves the right to reject all checks
that are not endorsed as specified.
m. When
using the MCD Service to deposit funds, such deposits are
limited to FirstState Bank’s defined deposit segments and
associated limits. FirstState Bank reserves the right to reject
deposits initiated in excess of the limits. If FirstState Bank
permits you to make a deposit in excess of these limits, such
deposits will still be subject to these User Terms, and
FirstState Bank will not be obligated to allow such a deposit at
other times. FirstState Bank has different daily deposit limit
Tiers and you may apply in writing to have your daily deposit
limit tier changed.
Current daily deposit limits are as
follows:
Tier 1 is for any account with good account behavior, as
determined in FirstState Bank’s sole discretion:
Daily Limit Time Period: 2 PM to 2 PM Central Time (Saturday, Sunday, and Federal holiday
deposits are calculated with the next Daily Limit Time Period)
Daily Total Deposit Limit Amount:
$3,000 per Daily Limit Time Period
Daily Transaction Limits: 3 deposits per Daily Limit Time Period
Current 30-Day deposit limits are as follows:
30-Day Total Deposit Limit Amount:
$10,000
(30-Day Limit is calculated based on
the last 30 consecutive calendar days beginning at 2 A.M. Central
Time)
Tier 2 is for any account that has
been open for greater than or equal to 182 days with good account
behavior, as determined in FirstState Bank’s sole discretion:
Daily Limit Time Period: 2 PM to 2 PM Central Time (Saturday, Sunday, and Federal holiday
deposits are calculated with the next Daily Limit Time Period)
Daily Total Deposit Limit Amount:
$5,000 per Daily Limit Time Period
Daily Transaction Limits: 5 deposits per Daily Limit Time Period
Current 30-Day deposit limits are as follows:
30-Day Total Deposit Limit Amount:
$20,000
(30-Day Limit is calculated based on
the last 30 consecutive calendar days beginning at 2 A.M. Central
Time)
Tier 3 is for any account that has
been opened for greater than or equal to 365 days with good
account behavior, as determined in FirstState Bank’s sole
discretion:
Daily Limit Time Period:
2 PM to 2 PM Central Time (Saturday, Sunday, and Federal holiday
deposits are calculated with the next Daily Limit Time Period)
Daily Total Deposit Limit Amount:
$7,000 per Daily Limit Time Period
Daily Transaction Limits: 7 deposits per Daily Limit Time Period
Current 30-Day deposit limits are as follows:
30-Day Total Deposit Limit Amount:
$30,000
(30-Day Limit is calculated based on
the last 30 consecutive calendar days beginning at 2 A.M. Central
Time)
n.
FirstState Bank reserves the right to reject any item
transmitted through the MCD Service, at its discretion.
FirstState Bank is not liable for items it does not receive or
for images that are not transmitted completely. An image is
considered received when you receive a confirmation email after
submitting a check for deposit. You acknowledge and agree that
such notification does not mean that the transmission was
without error. Once an item is reviewed and approved, your
account will be credited at the end of the business day
(excluding Saturday, Sunday and Federal holidays).
o.
You agree to retain each item submitted for deposit
through the MCD Services for 60 days after your funds have been
posted to your account. After 60 days, you agree to dispose of
the check(s) in a way that prevents representing for payment
(i.e. shredding). Upon receipt of these funds you agree to mark
the check(s) prominently as "Void", and you agree to store each
retained check(s) in a secured locked container until such
proper disposal is performed. You will promptly provide any
retained check(s) to FirstState Bank as requested to aid in the
clearing and collection process or to resolve claims by third
parties with respect to any checks(s).
p.
You must obtain and maintain, at your expense, an IOS or
Android device. You will need Internet access through an ISP.
You must enable your camera within your Mobile Banking
application. You will need access to a printer and/or other
storage medium such as a hard drive for downloading information
or printing disclosures. You will also need an e-mail address
for the delivery of electronic notices, disclosures and
receipts.
q.
The image of a check transmitted by you using the Services
must be legible. Each image must provide all information on the
front and back of the original check at the time presented to
you by the drawer, including but not limited to, information
about the drawer and the paying bank that is preprinted on the
original check, MICR information, and signature(s) on the front
of the original check and any endorsements applied to the back
of the original check. FirstState Bank’s processing agent will
ensure that the image quality of your deposited check meets the
minimum standards for substitute checks to comply with the Check
Clearing for the 21st Century Act and Regulation CC.
FirstState Bank reserves the right to choose the agents through
whom to clear checks and you agree to be bound by any
clearinghouse agreements, operating circulars and image exchange
agreements to which FirstState Bank is a party. The following
are recommendations and or requirements for taking quality
images:
All
checks must be signed, dated, and filled out completely
Use
blue or black ink
Photos
should be taken in a well-lit area
Place
checks on a flat, contrasting background (white or black tends
to work best)
Keep
other objects from view
Take
the picture directly above the check and not from an angle
Ensure
that the check is within the on-screen guides and that all
corners are visible.
r.
Mobile deposits are credited each business day if received
prior to 2:00 P.M. Central Time. Images received after the daily
cutoff will be credited the next business day. All deposits are
subject to review and your deposit may not be available for
immediate withdrawal, subject to the Funds Availability Policy
provided to you.
s.
FirstState Bank will provide you with periodic statements
that will identify the deposits you make through the Service,
and you may access Internet Banking service for information on
your deposits, return items, deposit adjustments, and other
transactions on your account. It is your responsibility to
review in a timely manner all such information that FirstState
Bank makes available to verify that deposits made through the
Service have been received, accepted, and are accurate. You
agree to notify FirstState Bank immediately of any suspected
errors, omissions, or discrepancies in a deposit within the time
periods established in the “Terms and Conditions of Your
Account”. Subject to applicable law, any failure by you to
notify FirstState Bank of any error, omission, or discrepancy in
accordance with these Mobile Banking User Terms and the “Terms
and Conditions of Your Account” shall relieve FirstState Bank of
any liability for such error, omission, or discrepancy.
t.
By using the Service, you accept the risk that an item may
be intercepted or misdirected during transmission, and
FirstState Bank bears no liability for any such intercepted or
misdirected items or information disclosed through such errors.
u.
You agree to cooperate in any investigation by FirstState
Bank of any unsuccessful or lost transmission, unusual
transactions, and resolution of customer claims, including
providing, upon request and without further cost, any originals
or copies of checks deposited through the Service in your
possession and your records relating to such checks and
transmissions.
v.
You warrant to FirstState Bank that:
·
You will only transmit eligible items
·
You will not transmit duplicate items
·
You will not re-deposit or re-present the
original item
·
You will provide accurate and true
information
·
You will comply with these User Terms and
all applicable rules, laws, and regulations
·
You are not aware of any factor which may
impair the collectability of the check or item
·
You agree to indemnify and hold harmless
FirstState Bank from any loss for breach of the warranty
provision.
Any breach of the above warranties
may result in the cancellation of the Service or account
closure.
w.
FirstState Bank may waive enforcement of any provision of these
Mobile Banking User Terms. No waiver of a breach of these Mobile
Banking User Terms shall constitute a waiver of any prior or
subsequent breach of these Mobile Banking User Terms. Any such
waiver shall not affect FirstState Bank’s rights with respect to
any other transaction or to modify these Mobile Banking User
Terms. In the event that any provision of these Mobile Banking
User Terms shall be deemed to be invalid, illegal, or
unenforceable to any extent, the remainder of the Mobile Banking
User Terms shall not be impaired or otherwise affected and shall
continue to be valid and enforceable to the fullest extent
permitted by law.
8. Text Messages and Notifications.
You and your financial institution are solely responsible for
the content transmitted through text messages sent between you
and your financial institution. You must provide source
indication in any text messages you send (e.g. mobile telephone
number, "From" field in text message, etc.) You hereby consent
to receipt of text messages and other notifications (including
‘in-app’ or ‘push’ notifications from FirstState Bank or
Provider in connection with the Services or your business
relationship with FirstState Bank, provided that you may opt out
of text messages by replying STOP or as otherwise advised.
Text messaging fees may apply and be assessed by your wireless
carrier. You are responsible for any such text message
fees.
9. Consent to Use of Data.
During and after the term of your account agreement with
FirstState Bank you agree that the Provider may collect, store
and use technical data and related information, including but
not limited to technical information about your device, system
and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates,
product support and other services (if any) related to the
Software. The Provider may use this information to improve its
products, for diagnostic purposes or to provide other services
or technologies; provided that Provider may not share
information or data in a form that personally identifies you
except as necessary to provide the Services and related services
to you or FirstState Bank. Provider may combine aggregated data
with the data of other customers or other publicly available
information.
10. Legal Restrictions. You
may not use the Software except as authorized by United States
law and the laws of the jurisdiction in which the Software was
obtained. In particular, but without limitation, the Software
may not be used or transferred (a) in or into any U.S. embargoed
countries or (b) by or to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person's List or Entity List. By
using the Software, you represent and warrant that you are not
located in any such country or on any such list. You also agree
that you will not use the Software for any purposes prohibited
by United States law, including, without limitation, the
development, design, manufacture or production of nuclear,
missiles, or chemical or biological weapons.
11. U.S. Government Restricted
Rights. The Software is commercial computer software subject
to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer
software) or DFARS 227.7202 (Commercial computer software and
commercial computer software documentation), as applicable, the
use, duplication, and disclosure of the Software by the United
States of America, its agencies or instrumentalities is subject
to the restrictions set forth in these Mobile Banking User
Terms.
12. Disclaimer of 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
NON-INFRINGEMENT. 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
MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT
YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL PROVIDER OR ITS 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, THE PROVIDER'S LIABILITY ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE
THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL
PROVIDER HAVE ANY LIABILITY TO YOU OR FIRSTSTATE BANK FOR
SERVICE UNAVAILABILITY OR FOR THE LOSS OF DATA OR FEES IN
CONNECTION WITH THE FRAUDLENT USE OF THE SERVICES OR SOFTWARE.
