Mobile Banking Service Agreement and Disclosure
Read this document carefully and keep a copy for your records. If you are unable to print this document, the Credit Union will provide a copy to you upon request.
Truity Federal Credit Union (the "Credit Union") makes every effort to provide you with the highest quality Mobile Banking Service (the "Service") possible. In this agreement, the terms "we", "us", or "our" mean the Credit Union. The words "you", "yours", and "yours" mean each and everyone who utilizes the Service.
By using the Credit Union's Mobile Banking Service, you agree to the following terms and conditions:
You agree to all the terms and conditions contained in this Agreement and Disclosure (the "Agreement"). Additional Mobile Banking services and features may be offered in the future. Any new services and features will be governed by this Agreement and by any terms and conditions provided to you at the time new services or features are added and/or at the time of enrollment for the services or features as applicable. The terms and conditions of this Agreement may be amended from time to time. Mobile Banking Service may be modified or canceled without notice, except as may be required by law.
Definitions. "Account(s)" means your eligible Credit Union savings, checking, loan, and certificate information and other Credit Union products or services that can be accessed through Mobile Banking Service. "Device" means a supportable mobile device including a cellular phone or other mobile device that is web-based and allows secure SSL traffic and that is also capable of receiving text messages. "Mobile Banking" means the banking services accessible for the Device you have registered with us for Mobile Banking Service. "You" and "Your(s)" means each person with authorized access to your Account who applies and uses the Mobile Banking Service. "We", "Us", and "Credit Union" means Truity Federal Credit Union.
Mobile Banking Service. Mobile Banking Service is offered as a supplemental service to our Online Banking Service (eBranch). It is not intended to replace your access to Online Banking from your personal computer or other methods you may use to manage your accounts and services with the Credit Union. Mobile Banking Service is provided for your convenience and does not replace your monthly account statement(s), which is the official record of your accounts. The Credit Union reserves the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through the Service. We may also reserve the right to modify the scope of the Service at any time. Mobile Banking Service may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. The Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or out of range issues.
Using the Mobile Banking Service. You should review and follow the instructions provided to you to properly use the Mobile Banking Service. You agree to accept responsibility for learning how to use the Service in accordance with the instructions and agree that you will contact us directly if you have any problems. You agree that you are responsible for understanding how to use the Service if any modifications are made to it. You also accept the responsibility for making sure you know how to properly use your mobile banking device. The Credit Union will not be liable to you for any losses by your failure to properly use the Service or your device. You agree that when using the Service you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providing, including but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide fees, limitations and restrictions which might impact your use of the Service such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with the Service. You agree to be solely responsible for all such fees, limitations and restrictions.
You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving the Credit Union. Any deposit account, loan or other Credit Union product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of account opening, or upon request to the Credit Union. Check your Account Agreements and Disclosures carefully as they may contain transaction limitations and fees that might apply to your use of the Mobile Banking Service.
Mobile Banking Transfer Transactions. You must have sufficient funds available in the selected account at the time the transfer request is received or the transfer request may be rejected. Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or Money Market (Performance Fund) account. Each transfer from a savings or Money Market is counted as one of the six limited transactions permitted each monthly statement cycle period as described in The Account Disclosures which is part of the Credit Union's Rate & Fee Schedule. The Credit Union may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice at our option. You further agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
Text Banking and Wireless Application Protocol (WAP). Mobile Banking Service includes Text Banking and Wireless Application Protocol. Text Banking requires a text-enabled Mobile Device. You do not need Internet access on your Mobile Device to use Text Banking. You will need to register and validate your text banking device at mEnroll.TruityCU.org. The Wireless Application Protocol (WAP) is the Mobile Banking website -m.TruityCU.org-. and requires Internet access on your mobile device. From time to time, the Credit Union may add additional Mobile Banking services. When such services are developed, you will have the opportunity to add them to your Mobile Banking service, provided you have compatible wireless hardware and software. Receipt of account information through Text Banking may be delayed or impacted by factor(s) pertaining to your phone carrier or other parties. There is no separate service fee for this service but you are responsible for any and all charges, including, but not limited to, fees otherwise applicable to your account(s) and fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges may include those from your communications service provider. Message frequency depends on user preferences. Your wireless carrier may assess you fees for data or test messaging services. Consult your wireless plan provider for details.
Text Banking is only available to members who have a consumer deposit account with us, or such other accounts as we make available from time to time in our sole discretion.
Mobile Deposit. Mobile Banking Service includes Mobile Deposit. The Credit Union reserves the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Deposit. We may also reserve the right to modify the scope of the Service at any time. Mobile Deposit may not be accessible or may have limited utility over some network carriers. In addition, Mobile Deposit may not be supportable for all devices. The Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or out of range issues.
Using Mobile Deposit. You agree to accept responsibility for learning how to use Mobile Deposit and you will contact us directly if you have any problems with Mobile Deposit. You agree that you are responsible for understanding how to use the system if any modifications are made to it. You also accept the responsibility for making sure you know how to properly use your Mobile Device. The Credit Union will not be liable to you for any losses by your failure to properly use Mobile Deposit or your Device.
Any deposit account or other Credit Union product accessed through this Mobile Deposit is also subject to the Account Agreements and Disclosures provided at the time of account opening, or upon request to the Credit Union. Check your Account Agreements and Disclosures carefully as they may contain transaction limitations and fees that might apply to your use of Mobile Deposit. Mobile Deposit is only available to members who have a checking account with us, or such other accounts, as we make available from time to time in our sole discretion.
Mobile deposit is available to members in good standing with a checking account. The Credit Union may terminate this agreement at any time. Checks must be payable to an individual on the account. Fees for return checks may apply and the account owners are responsible for any resulting negative balance. Savings bonds, foreign items, items that are missing processing information, such as illegible or missing account or bank routing numbers, items that have been previously electronically captured and endorsed, bond coupons, treasury tax & loan (TTL) payments, pay on sight items, remotely created checks, altered checks, return items and fraudulent items are not eligible for deposit using Mobile Deposit. We will not honor checks that are post-dated or older than six months. Each account is subject to maximum amount per check, per check limits, and aggregate per month. The availability of funds will be the same business day up to 5:00pm CST. Deposits made after that will appear the following business day. Each deposit is subject to review. Each account is subject to maximum amount per check, per check limits, and aggregate per month. Use of Mobile Deposit complies with the Electronic Access Devices and Transactions, funds availability, and the terms and conditions agreement for your account. Mobile Deposit complies with all government regulations.
Your Responsibilities with Using the Mobile Banking Service. You represent that you are the legal owner of the account and other financial information which may be accessed using the Service. You agree that all information you provide to us in connection with Mobile Banking Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Service. You agree not to misrepresent your identity or your account information. You represent that you are an authorized user of the mobile device you will use to access the Service. You agree not to leave your mobile device unattended while logged into the Service and to log off immediately at the completion of each access by you. If you permit other persons to use your mobile Device, login information or any other means to access the Mobile Banking Service, you will be held responsible for any transactions they authorize and the Credit Union will not be liable for any damages as the result of another person's actions on your account. You further agree that you will not use the Mobile Banking Service or the content or information delivered through the Service in any way that may be considered illegal. You agree to protect your information and unauthorized use of your mobile device, i.e. using a password on the device and maintaining possession of your device at all times. More on how to protect your information and unauthorized use of your account can be found at www.TruityCU.org.
This Service may not be encrypted and may include personal or confidential information about you, such as your account activity or status. You agree to protect your communications device that receives information through this Service and not to let any unauthorized person have access to the information we provide to you through this Service. We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of account information to third parties. Also, nothing about Credit Union Mobile Banking Service creates any new or different liability for us beyond what is already applicable under your existing account agreements. We may send any Credit Union Text Banking message through your communication service provider in order to deliver them to you. You agree that your communication services provider is acting as your agent in this capacity. You agree to provide a valid phone number for this service so that we may send you certain information about your applicable account. We will determine in our sole discretion what information we make available through this service.
Representations. The Credit Union makes no representations that Mobile Banking will be available for use in locations outside the United States. Accessing Mobile Banking from locations outside the United States is at your own risk.
Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the Credit Union, it's directors, officers, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs caused or arising from a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Mobile Banking Service; b) your violation of any law or rights of a third party; or c) your use, or use by a third party of Mobile Banking.
You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
We will not send you marketing messages through the Credit Union Text Banking Service. You will never receive a Credit Union Text Banking message that asks you to send us any sensitive personal or financial information such as your social security number or your account number. If you ever receive such a request for sensitive personal or financial information, do not respond to the message and call us at 1-800-897-6991 to report the incident.
The terms and conditions in this Agreement are in addition to, and do not supersede or replace, any other agreements applicable to any of your accounts with us.
END USER TERMS
1. General. Access to your financial institution's services via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc. (the "Licensor") or its licensors. 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.
2. Ownership. You acknowledge and agree that the Licensor (or its licensors) 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"). By accessing the Software or using the services powered by the Software, you agree to be bound by these End User Terms, which constitute your agreement with mFoundry, Inc.
3. License. Subject to the terms and conditions of this 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 or its licensors. 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 or the Licensor. 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. Any open source or other software included in the Software is licensed subject to the additional terms of the applicable open source or other license conditions and/or copyright notices that can be found in the About page, on mFoundry's website, or in other documentation or materials accompanying the Software (the "Incorporated Terms"), which Incorporated Terms are hereby incorporated herein. Copyrights to such open source software are held by copyright holders indicated in the copyright notices.
4. 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.
5. 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.
6. 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.
7. Consent to Use of Data. You agree that the Licensor may collect, use, and share with third parties technical data and other information related to your use of the Software, 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.
8. 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.
9. 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.
10. 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, TITLE 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.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR 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, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, STRICT LIABILITY, NEGLIGENCE, 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.
12. 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.