Internet Banking Login Security Statement

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.

3. Ownership. You acknowledge and agree that the Provider 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 mobile applications or other downloaded software and the computer code, scripts, interfaces and other 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 Banking User Terms.

4. License. During the term of your account agreement with FirstState Bank and subject to the terms and conditions of these Mobile Banking User Terms, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with these Mobile Banking User Terms 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 these Mobile Banking User Terms are hereby reserved by the Provider. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone or web assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you, the Provider or FirstState Bank. Upon termination, you agree to cease using the Software and 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 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.

14. Miscellaneous. These Mobile Banking User Terms constitute the entire agreement between you and the FirstState Bank concerning the subject matter hereof. These Mobile Banking User Terms will be governed by and construed in accordance with the laws of the state of Alabama, excluding that body of laws pertaining to conflict of laws. If any provision of these Mobile Banking User Terms 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 these Mobile Banking User Terms are subject to the exclusive jurisdiction of the courts of Alabama and you expressly consent to jurisdiction and venue thereof and therein. These Mobile Banking User Terms 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.