Mobile Check Deposit Terms and Conditions
You must accept the Mobile Check Deposit Terms and Conditions to use mobile banking services. (Indicate your acceptance via our mobile app.)
1. Eligible Enrollees. You have agreed to accept mobile banking services (the "Services") in accordance with these Mobile Check Deposit Terms and Conditions. The Services are only available to Internet banking customers of your financial institution. The terms and conditions of your Internet Banking and Bill Payment Agreement apply to Internet banking and bill payment services that you receive through the Service. By accepting and using the Service, you agree to comply with your Internet Banking and Bill Payment Agreement as well as these Mobile Check Deposit Terms and Conditions.
2. General. Access to your financial institution's Internet banking services via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc (the "Licensor"). The Licensor is not the provider of any of the financial services available to you through the Software (defined below), and the Licensor is not responsible for any of the materials, information, products or services made available to you through the Software.
3. Ownership. You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the "Software"). You may not use the Software unless you have first accepted the Mobile Check Deposit Terms and Conditions.
4. License. Subject to the terms and conditions of this Mobile Check Deposit Terms and Conditions Agreement, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution's services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you, the Licensor or your financial institution. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control.
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; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (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 the Licensor or your financial institution.
6. Updates. The terms of this Agreement will 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.
7. Text Messages. Text messaging services are provided by your financial institution and not by any other third party. 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 are responsible for any text message fees charged by your wireless carrier.
8. Consent to Use of Data. You agree that the Licensor may collect 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 Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
9. Export Restrictions. You may not use or otherwise export or re-export 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 exported or re-exported (a) into any U.S. embargoed countries or (b) 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.
10. 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 this Agreement.
11. 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.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MFOUNDRY OR ITS AFFILIATES OR LICENSORS 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 LICENSOR'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.
13. Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
END USER TERMS FOR SMS
The Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from your financial institution. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. The Services are provided by your financial institution and not by any other third party. You and your financial institution are solely responsible for the content transmitted through the text messages sent to and from your financial institution. You must provide source indication in any messages you send (e.g., mobile telephone number, 'From' field in text message, etc.).
This Service is designed to allow me to present an image of a legal representation, as defined by federal law, of a check to be deposited into my Institution’s checking or savings account electronically.
• "Service" refers to Mobile Check Deposit Service of the Financial Institution.
• "You" and “your” refers to the Financial Institution.
• "I," "me," “my,” and "mine" shall refer to each Customer who is eligible for and uses Mobile Check Deposit.
• "Business Day" is every day, except Saturdays, Sundays, and federal holidays.
As part of this Service, I must only use your official and up-to-date Financial Institution mobile banking applications. I am responsible for all the data that I submit to you, which must accurately represent the information on the original check(s). I agree that the electronic image of the item submitted to the Financial Institution, as defined by federal law, is a legal representation of the check for all purposes, including return check processing.
When using this Service, I may experience technical or other difficulties. You do not assume liability for any technical or other difficulties that I may incur. You reserve the right to change, suspend or revoke services, immediately and at any time without prior notice to me. In the event this Service is not available to me, I acknowledge that I can attempt to deposit my check at a branch office location or by mail.
Some of the Services have qualification requirements, and you reserve the right to change the qualifications at any time without prior notice. You reserve the right to change, suspend, or discontinue the Service, in whole or in part, or my use of the Service, in whole or in part, immediately and at any time without prior notice to me.
Eligible Accounts. Only Checking and Savings accounts are eligible for this Service. I must be enrolled in Internet Banking and Mobile Banking.
Charges or Fees. You may charge a usage fee for this Service. You reserve the right to start charging for this Service at any time. If a check I transmit for deposit is dishonored, rejected or otherwise returned unpaid for any reason, I agree and authorize you to charge back or debit the amount of the returned check to the account the check was originally deposited to. If there are not sufficient funds in my account to cover the amount of the returned check, the account will be overdrawn and I will be responsible for payment. I agree the Financial Institution may debit any account maintained by me in order to obtain payment of my obligations under this Agreement. I acknowledge wireless providers or Internet Service Providers (ISPs) may assess fees, limitations, or restrictions. I agree that I am solely responsible for all such fees, limitations, and restrictions, and that you may contact me via my wireless device for any purpose concerning my accounts at the Financial Institution, including but not limited to account servicing and collection purposes.
Hardware and System Requirements. To use the Services, I must obtain and maintain, at my expense, an IOS or Android device. I will need Internet access through an ISP. I must enable my camera within your Mobile Banking application. I will need access to a printer and/or other storage medium such as a hard drive for downloading information or printing disclosures. I will also need an e-mail address for the delivery of electronic notices, disclosures and receipts.
Eligible Checks. I 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 your endorsement requirements.
Ineligible Checks or Items. I agree that I will not use this Service to scan and deposit ineligible items as listed below:
• 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 me or another person on any of my accounts or any account on which I am 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 I 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 your sole discretion, contain any irregularity
Endorsement Requirements. I agree to endorse all checks with my signature and my account number, and to print "For Mobile Deposit Only" on all checks. You reserve the right to reject all checks that are not endorsed as specified. I agree to follow all other procedures and instructions for use of the Services as you may establish from time to time.
Deposit Limits. You may establish limits on the dollar amount and/or number of deposits from time to time. If I attempt to initiate a deposit in excess of these limits, you may reject my deposit. If you permit me to make a deposit in excess of these limits, such deposits will still be subject to the terms of this Agreement, and you will not be obligated to allow such a deposit at other times.
Current daily deposit limits are as follows:
• Daily Limit Time Period 2 PM to 2 PM Central Time (weekend and 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 AM Central Time)
Image Quality. The image of a check transmitted to 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 me 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. Your processing agent will ensure that the image quality of my deposited check meets your minimum standards for substitute checks to comply with the Check Clearing for the 21st Century Act and Regulation CC. You reserve the right to choose the agents through whom you clear checks and I agree to be bound by any clearinghouse agreements, operating circulars and image exchange agreements to which you are a party. The following are recommendations and or requirements from you 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.
Receipt of Checks. An image is considered received when I receive a confirmation email after submitting my Mobile Check Deposit. However, such notification does not mean that the transmission was accepted or that it contains no errors. You reserve the right to reject any check transmitted through this Service, at your discretion. You are not liable for checks you do not receive or for images that are not transmitted completely. You will notify me if an image is rejected.
Availability of Funds. 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 my deposit may not be available for immediate withdrawal, subject to the Funds Availability Policy provided to me.
Retention and Disposal of Checks. I agree to retain each Mobile Check Deposit check for 60 days after my funds have been posted to my account. After 60 days, I agree to dispose of the check(s) in a way that prevents representing for payment (e.g., shredding). Upon receipt of these funds I agree to mark the check prominently as "Void," and I agree to store each retained check in a secured locked container until such proper disposal is performed. I will promptly provide any retained check to you as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check.
Errors. You will provide me with periodic statements that will identify the deposits that I make through the Service, and I may access your Internet Banking service for information on my deposits, return items, deposit adjustments, and other transactions on my account. It is my responsibility to review in a timely manner all such information that you make available to verify that deposits made through the Service have been received and accepted by you and are accurate. I agree to notify you 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 me to notify you of any error, omission or discrepancy in accordance with this Agreement and the “Terms and Conditions of Your Account” shall relieve you of any liability for such error, omission, or discrepancy.
Transmission Errors. By using the Service, I accept the risk that a check may be intercepted or misdirected during transmission, and you bear no liability for any such intercepted or misdirected checks or information disclosed through such errors.
Investigations. I agree to cooperate in any investigation by you 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 my possession and my records relating to such checks and transmissions.
Warranties and indemnification. I warrant to you that:
• I will only transmit eligible items
• I will not transmit duplicate items
• I will not re-deposit or re-present the original item
• All information I provide to you is accurate and true
• I will comply with this Agreement and all applicable rules, laws, and regulations
• I am not aware of any factor which may impair the collectability of the check or item
• I 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.
Enforceability. You may waive enforcement of any provision of this Agreement. No waiver of a breach of the Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect your rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of the Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.