Mobile Banking Enrollment Terms and Conditions
END USER TERMS
This service is provided to you by Journey Bank and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and Journey Bank Section B of these End User Terms is a legal agreement between you and the Licensor.
SECTION A
JOURNEY BANK TERMS AND CONDITIONS
1. Tenns and Conditions. Thank you for using Mobile and Text Banking with Journey Bank ("the Bank"). This Agreement is an addendum to the Online Banking Agreement and sets forth the additional terms and conditions for use of Mobile Banking. By using the Bank's Mobile Banking, you agree to be bound to the terms and conditions herein.
The services are provided by Journey Bank and not by any other third party. You and Journey Bank are solely responsible for the content transmitted through the text messages sent to and from Journey Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
2. Description of services. Mobile Banking is a service that allows you to access account information using compatible and supported wireless devices. Currently, you can use Mobile Banking in two ways: 1) via SMS text messages sent to a mobile phone; or 2) by downloading an application to a Mobile device. We reserve the right to modify the scope of Mobile Banking at any time. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.
3. Availability. The Bank will use reasonable efforts to make Mobile Banking available on a continuous basis. Mobile Banking may be unavailable for short periods of time for regular or emergency system maintenance. Accessibility to Mobile Banking may be interrupted because of conditions beyond the Bank's control, including outages in Internet availability or any issues related to your ability to connect to the relevant cellular network. The Bank does not promise Mobile Banking will always be available for your use. The Bank may elect to discontinue Mobile Banking at any time. The Bank reserves the right at all times to take actions to protect its systems and information, including denial of access to users of Mobile Banking.
4. Current and Accurate Information. The Bank will use reasonable efforts to keep information in Mobile Banking current and accurate. However, account information may not be provided on a real time basis, and there may be a delay in the time that transactions are reflected in Mobile Banking. Although Mobile Banking is expected to correctly reflect account activity, it is possible that Mobile Banking may have data errors. In such event, account records maintained by the Bank, which may include information in addition to the information available from Mobile Banking, are the final and conclusive records for bank accounts.
5. Security. The Bank will use reasonable efforts to secure Mobile Banking to prevent access by unauthorized persons and to prevent the introduction of any malicious code. However, no security system is failsafe, and despite the Bank's efforts, the security of Mobile Banking could be compromised or third parties could introduce malicious code. The Bank will notify you if your information is the subject of a security breach involving the Bank facilities as required by applicable law.
IN THE EVENT OF THEFT, COMPROMISE, OR LOSS OF THE MOBILE DEVICE, YOUR
CONFIDENTIAL INFORMATION COULD BE COMPROMISED. For this reason, you should consider password protecting your Mobile Device and/or taking additional security precautions with your phone. In the event of the loss, theft, compromise of, or destruction of your Mobile Device whose phone number is registered with us for Text Banking or which has the Bank Mobile App, you should immediately (i) reset your Bank Online Banking password, (ii) disable the device by logging into online banking, and (iii) contact the Bank immediately.
6. Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, the Bank and its service providers may receive names, domain names, addresses, passwords, telephone and
device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the software (collectively "User Information"). The Bank and its service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its service providers also reserve the right to monitor use of Mobile Banking and the software for purposes of verifying compliance with the law these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
7. Restrictions on Use. You agree not to use Mobile Banking or the software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and that it will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations.
8. 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 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.
9. Limitation of Liability. To the maximum extent permitted by applicable law, in no event will the Bank, its service providers or the software provider, or 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 the Bank 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 the lesser of $10.00 or the sum of the fees paid by you for this license.
10. Relationship to Other Agreements and Fees. You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your agreements with us, our affiliates and/or any unaffiliated service providers, including, but not limited to, your mobile service provider (e.g., Verizon, AT&T, T-Mobile). You understand that those agreements may include fees, limitations, and restrictions which may impact your use of Mobile Banking. Your mobile provider may impose data usage or text message charges for your interaction with Mobile Banking, and you agree to pay all such fees.
This agreement constitutes the entire agreement between you and the Bank concerning Mobile Banking. Sections A and C of this Agreement will be governed by and construed in accordance with the laws of the state of Pennsylvania, 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 Pennsylvania, and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that 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.
11. Changes or Cancellation. For help with text banking, text "HELP" to 49794. To cancel your plan, text "STOP" to 49794 at anytime. In case of questions please contact customer service at [email protected] or call 570-784-1660.
SECTION B
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "software").
2. License Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the software in your possession or control.
3. 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.
4. Disclaimer 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 INFRINGMENT. 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. Limitations of Warranty. 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. 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.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida 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 Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that 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.
8. Content and services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the software, is responsible for any of the materials, information, products or services made available to you via the software.
SECTION C
TERMS AND CONDITIONS OF MOBILE DEPOSIT IMPORTANT
Please read carefully. This is your agreement with Journey Bank ("the Bank"). By using the Bank's Mobile Deposit you agree to be bound to the terms and conditions herein.
This is an addendum to the Online Banking Agreement and sets forth the additional terms and conditions for use of Mobile Deposit.
1. Description. The Mobile Deposit service provides you the ability to access and make deposits to your designated eligible accounts using the software. Mobile Deposit is designed to take advantage of Federal legislation known as "The Check Clearing for the 21st Century Act" and its regulations (collectively "Check 21"). Mobile Deposit enables you to use a compatible handheld device to photograph an image of an original paper check ("Original Check") that are drawn on or payable through United States financial institutions ("Check Image") and to electronically submit the Check Image and associated deposit information to the Bank from your home or other remote locations using the software for deposit into a designated eligible account for collection thereafter by the Bank. A Check Image submitted to the Bank electronically for deposit is not deemed received until the Bank accepts and confirms receipt of your Check Image deposit.
2. Limitations of Service. When using the Mobile Deposit, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The service has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend, or discontinue the services, in whole or in part, or your use of the service, in whole or in part, immediately and at any time without prior notice to you.
3. Requirements. Your use of Mobile Deposit is subject to the following requirements:
To access Mobile Deposit you must have or acquire and maintain a compatible handheld device with the ability to take photographs with an auto-focus camera and a wireless plan from a compatible wireless carrier or access to a secure Wi-Fi network.
The Bank will automatically qualify and approve you to use Mobile Deposit based on pre-established account eligibility criteria set by the Bank. The Bank reserves the right to change eligibility criteria for Mobile Deposit at any time.
By accessing Mobile Deposit, you authorize the Bank to provide you with access to all of the eligible accounts qualified to participate in Mobile Deposit. The following accounts types are currently eligible for Mobile Deposit: checking, savings, and money market accounts. The Bank reserves the right to limit the features of Mobile Deposit available with respect to different types of eligible accounts.
4. Eligible Items. You agree to scan and deposit only "checks" as the term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to the Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "Item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
5. Ineligible Items. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
a. Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited;
b. Checks containing an alteration on the front of 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;
c. Checks payable jointly, unless deposited into an account in the name of all payees;
d. Checks previously converted to a substitute check, as defined in Reg. CC;
e. Checks drawn on a financial institution located outside the United States;
f. Checks that are remotely created checks, as defined in Reg. CC;
g. Checks not payable in United Stated currency;
h. Checks dated more than 6 months prior to the date of deposit;
i. Checks dated after the date of deposit;
j. Checks or items prohibited by the Bank's current procedures or which are otherwise not acceptable under the terms of the Bank account;
k. Checks payable on sight or payable through Drafts, as defined in Reg. CC;
1. Checks with any endorsement on the back other than specified in this agreement;
m. Checks that have previously been submitted through the Remote Deposit Capture Service offered by the Bank or any other financial institution.
6. Endorsements and Procedures. You agree to properly endorse the check transmitted through the service. The Bank requires signing your name and writing "For Mobile Deposit Only at Journey Bank." You agree to follow any and all other procedures and instructions that the Bank may establish. For additional information, please refer to your Deposit Accounts Agreement that was disclosed at the time you opened your Bank account(s).
7. Receipt of items. The Bank reserves the right to reject any Item, at the Bank's discretion. The Bank is not responsible for Items the Bank does not receive or for images that are dropped during transmission. An image of an Item shall be deemed received when you receive a confirmation from the Bank that the Bank received the image. Receipt of such confirmation does not mean that the transmission was error free, complete, or will be considered a deposit and credited to your account. The Bank further reserves the right to charge back to your account at any time; any Item that the Bank subsequently determines was not an eligible Item. You agree that the Bank is not liable for any loss, costs, or fees that you may incur as a result of the Bank's chargeback of an ineligible Item.
8. Availability of Funds. Deposits submitted and approved prior to 4:00 p.m. Eastern Monday through Friday will be available the same business day. Deposits made after 4:00 p.m. Eastern Monday through Friday, on Saturdays and Sundays, or on bank holidays will be available on the next business day. The Bank reserves the right to hold the funds from any check. You will receive a mailed notice of any hold.
9. Disposal of Transmitted Items. Upon your receipt of a notification from the Bank that the Bank has approved an image that you transmitted and it has been processed to your account, you agree to destroy the check no later than thirty (30) days after the deposit amount appears in your account. You also agree never to represent the item. During the time the retained check is available, you agree to promptly provide it to the Bank upon request.
10. Deposit Limits. The Bank may establish limits on the dollar amount and/or number of items or deposits. Currently, you may deposit up to five (5) checks and up to $2,500 in one business day. The Bank also limits
you to $12,500 in any five (5) consecutive business days. The Bank reserves the right to modify such limits from time to time.
If you attempt to initiate a deposit in excess of these limits, the Bank may reject the deposit. If the Bank permits you to make a deposit in excess of these limits, such deposit will be subject to the terms of this Agreement, and the Bank will not be obligated to allow such a deposit at other times.
11. Presentment. The manner in which the Items are cleared, presented for payment, and collected shall be in
the Bank's sole discretion subject to the agreement governing the affected account.
12. Errors. You agree to promptly notify the Bank of suspected errors regarding items deposited through Mobile Deposit, no later than thirty (30) days after the applicable Bank account statement is sent. Unless you notify the Bank within thirty (30) days, such statement regarding all deposits made through the service shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
You accept the risk that an Item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
13. Image Quality. The image of an Item transmitted to the Bank must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse, or association.
14. Representations and Warranties. You make the following representations and warranties:
a. You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you photographed the Check Image.
b. You shall submit to the Bank only Check Images that are suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.
c. You shall destroy the Original Checks as stated above.
d. You shall not submit to the Bank or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your accounts with the Bank or which you previously submitted to and was accepted by any other person or entity for deposit.
e. You shall not deposit into your accounts with the Bank or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to the Bank, unless following receipt of your submission, the Bank notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.
f. You shall indemnify, defend, and hold the Bank and its agents harmless from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through Mobile Deposit as described above.
g. You shall use Mobile Deposit only in accordance with the terms of this Agreement. You shall not make Mobile Deposit available or transfer your rights to use Mobile Deposit for the benefit of any third party.
15. Acknowledgement; Limitation of Liability. The Bank will acknowledge receipt of your Check Image deposit submitted through Mobile Deposit and notify you if a Check Image is not eligible for deposit. The Bank's ability to provide Mobile Deposit is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and the Bank's response. The Bank shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of Mobile Deposit, wireless
or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within the Bank's control.
By using Mobile Deposit to access your accounts, you are responsible for any unauthorized use of Mobile Deposit and any loss or damages incurred due to the unauthorized access to your accounts.
16. 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. The Bank 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 non infringement The Bank 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 the Bank 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 the Bank has been advised of the possibility of such damage.
February 2, 2023
