Legacy Bank Mobile App Agreement
Mobile Banking Agreement
This agreement, called the Mobile Banking Services Terms and Conditions outlines the rules that govern the use of Legacy Bank’s Mobile Banking Services. By participating in the services or using the software you are agreeing to the following terms and conditions. This document, along with any other documents or agreements we give you pertaining to your account(s), is a contract that establishes rules that control your account with us. Legacy Bank in its discretion may modify this agreement and disclosure at any time.
“Mobile Banking” and “Program” refer to the services that are designed to allow you to view activity, transfer money, pay bills, and make deposits into qualifying accounts using your supported mobile device.
“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled.
“You”, “your”, and “customer” refer to each depositor on an account enrolled in Mobile Banking
“Account” or “accounts” means your eligible Legacy Bank checking, savings, loans, certificates of deposit and any other Legacy Bank product linked to your Online Banking.
Legacy Bank offers customers mobile access to their account information (e.g., for checking balances and recent transactions) via the internet using Legacy Bank’s Mobile App. Enrollment requires identification of the user’s banking relationship with Legacy Bank. Once granted, Mobile Banking access will continue until the account(s) is closed or until the bank is notified in writing. Mobile Banking allows you to access your Legacy Bank account information, review balances and transaction history, pay bills, and transfer funds between your eligible Legacy Bank accounts. The Services and/or Software may not be available at any time for any reason outside of the reasonable control of Legacy Bank or any service provider.
Mobile Banking Transfers
You may use the Mobile Banking Service to transfer funds between your eligible Legacy Bank accounts. You must have sufficient funds available in the selected account at the time the transfer request is received. Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings or money market account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period. You may be subject to fees or account conversion if you exceed the transaction limits of your account using Mobile Banking or any other methods. We 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 represent and agree to the following by enrolling in or using Mobile Banking: You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent that all information you provide to us in connection with Mobile Banking is accurate, current and complete and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the device you will use to access Mobile Banking. You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using Mobile Banking. You agree not to leave your device unattended while logged into Mobile Banking and to log off immediately at the end of each session. You agree to notify us if your device is lost or any other change that might affect providing the Mobile Banking Service to you. You agree to accept all responsibility for any instructions sent to Legacy Bank from the device and authorize Legacy to act on these instructions. It is your responsibility to notify us if you know of or suspect unauthorized use of your User Name and/or password. You agree not to provide your user name, password, or other access information to any unauthorized person. Notify us immediately if you believe that an electronic fund transfer has been made without your permission or there are transactions posted to your account that you did not authorize. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
Privacy and User Information
You acknowledge that in connection with your use of the services, Legacy Bank and its affiliates may share with one another 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 the services of software. Legacy 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 the services 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. Legacy and its providers also reserve the right to monitor the use of the services and 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.
Restrictions on Use
You agree not to use the services and software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules, and regulations, including all applicable state, federal, and international internet, data, telecommunications, telemarketing, and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii)material or data, that is illegal, or material or data, as determined by Legacy Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials that could harm the reputation of Legacy Bank or any third-party service provider involved in the provision of the services; (iv)viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (v) any material or information that is false, misleading, or inaccurate; (vi) any material that would expose Legacy Bank or any third-party service provider involved in providing the services, or any other third party to liability; or You agree that you will not attempt to: (i)access any software or services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii)interfere in any manner with the provision of the services or software, the security of the services or software, or other customers of the services or software, or otherwise abuse the services or software.
Federal law requires that we obtain your consent before providing required account disclosures electronically. Therefore, your acceptance of this Agreement provides consent to us to deliver your required disclosures electronically.
You agree to indemnify, defend and hold harmless Legacy Bank, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including but not limited to, reasonable attorneys’ fees) caused by 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 Service; (b)your violation of any law of rights of a third party; or (c)your use, or use by a third party, of Mobile Banking.
Remote Deposit Capture Agreement
Terms and Conditions of the Mobile Banking and Mobile Check Deposit Service
This agreement, called the Mobile Check Deposit Terms and Conditions, outlines the rules that govern your use of Legacy Bank’s Mobile Banking and Mobile Deposit Capture Services. Legacy offers the Program for the electronic clearing of checks, which enables Customers to convert checks that are drawn on or payable at or through United States Financial Institutions to electronic items, and to transmit those items electronically for deposit into the Customer’s Account at Legacy. Customer desires to use the Program to electronically transmit and process digitized images of checks for deposit and collection purposes. This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules that control your account(s) with us.
If you accept this agreement or open or continue to use the account or app, you agree to these rules. Also, you agree Legacy Bank may change or discontinue the terms and conditions for the Mobile Check Deposit service at any time. In this agreement, the words “you” and “your” refer to you as the customer entering this agreement, and also includes anyone else authorized by the account holder to exercise control over the account holder’s funds through the services. The words “we, “us,” and “our” refer to Legacy Bank. The mobile banking and mobile remote deposit capture services are designed to allow you to view activity, transfer money, pay bills and make deposits into qualifying accounts using your supported mobile device. The App is considered part of the Service. Mobile Deposit Services are made available to Legacy customers at the sole discretion of Legacy and may not be available to all customers.
“Mobile Check Deposit” and “Program” refer to the remote deposit capture service that allows customers to deposit qualified checks electronically at Legacy Bank.
“Check” means a draft that is payable on demand, drawn on or payable through or at an office of a United States Financial Institution, whether negotiable or not, and payable or endorsed to Customer. See complete list of items that are not-eligible for Mobile Check Deposit [Note: Legacy’s processing of items that do not meet this definition shall not constitute a waiver by Legacy or obligate it to process nonconforming items in the future. Legacy may discontinue processing of nonconforming items at any time, without cause or prior notice.]
“Check Image” means an electronic image of an original paper check that is created by you, us or another bank or depository institution in the check collection system.
“MICR Data” refers to the information embedded in the routing, transit, account and check serial numbers printed in the Magnetic Ink Character Recognition characters at the bottom of checks.
“Check Image Metadata” means information about the Check Image, as well as pointers to the actual image data also known as image tags.
“Your System” means the mobile device, computer hardware, software and web-based applications you use to prepare Electronic Deposits
“Equipment” means equipment and hardware that has been approved by Legacy for Customer’s processing of Checks through the Program.
“Electronic Deposit” means a paper check that is electronically captured and transmitted to Legacy to deposit, process and collect.
“Banking Day” means a calendar day on which the Federal Reserve Bank of Kansas City is open for business.
As part of a Mobile Check Deposit, checks may be processed as a check image. You capture and convert checks received into check images and transmit check images to us for processing and collection. We will collect check images through Legacy’s check collection system by presenting and exchanging check images for collection.
Determination of Items Eligible for Mobile Check Deposit
Legacy Bank shall have no liability to you or any other person in the event that your deposited check is processed, or converted by us, to a check image.
Only a check or draft, payable on demand, and drawn on or payable through or at an office of a financial institute, is eligible for deposit as a check image. The following items are not eligible for Mobile Check Deposit, and you agree that you will not use the App to scan and deposit any checks or other items as shown below.
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into;
- Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), or which you know of or suspect, or should know of or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
- Checks or items drawn on a financial institution located outside the United States;
- Checks or items that are substitute checks or remotely created checks, as defined in Reg CC, and checks that have been previously submitted through the service or through a remote deposit capture service.
- Checks or items not payable in United States currency;
- Checks or items dated more than 6 months prior to the date of deposit;
- Checks or items on which a stop payment order has been issued or for which there are insufficient funds;
- Checks or items prohibited by our current procedures relating to the service or which are otherwise not accepted under the terms;
- Checks with any endorsement on the back other than that specified in this agreement;
- Insurance drafts made out to multiple payees;
- Credit card cash advance checks;
- Any other class of checks or drafts as identified by us to you from time to time.
We may return or refuse to accept all or any part of a deposit to your Legacy account using the program at any time and will not be liable for doing so even if such action causes outstanding checks or other debits to your account to be dishonored or returned.
You must physically endorse each paper check with “For mobile deposit only” and your signature and ensure that all other necessary endorsements are obtained prior to capturing check images for transmission to us. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through the service.
Representations and Warranties of Customer
Customer represents and warrants that with respect to each check and corresponding electronic Item:
- Customer is entitled to enforce the check and electronic item;
- Customer has obtained any necessary authorization from the drawer to digitize the check and treat the drawer’s signature on the electronic item as an original signature for all purposes;
- All signatures on the check and electronic item are authentic and authorized;
- The check is not a counterfeit item;
- The electronic item is a digitized image of the check and to the best of the customer’s knowledge accurately represents all of the information on the front and back of the check as of the time the check was converted to an electronic item;
- You will only transmit eligible items;
- You will not transmit duplicate items;
- You will not deposit, redeposit, or represent the original check with Legacy Bank or any other party;
- The check and electronic item are not subject to a defense or claim in recoupment of any party that can be asserted against Customer; and
- Any returned electronic item is enforceable against the customer and the drawer of the check.
Capture of Checks and Check Information
You shall be responsible for accurately capturing an image of each paper check and the correct dollar amount of the check into your system. In the event the condition of a paper check precludes a complete automated read, you shall be responsible for visually inspecting the check. You shall also be responsible for the inspection of all check images to ensure the legibility of the check image, and for ensuring that any and all information on a paper check is accurately captured and legible in the resulting check image. You acknowledge that current image technology might not capture all security features contained in the original paper checks, and agree to assume any and all losses resulting from claims based on security features that do not survive the image process.
You acknowledge that we do not verify the accuracy, legibility or quality of the check image or MICR Data prior to processing an electronic deposit. At our sole discretion, we may reject, repair, alter, amend, reformat or convert the check image metadata or MICR data submitted in an electronic deposit in accordance with general check collection practices and industry presentment standards, but we shall have no obligation to reject, repair, alter, amend, re-format or convert the check image metadata or MICR data. If we require that you comply with certain formatting standards or other guidelines when submitting electronic deposits and you decline to implement, or comply with, such standards or guidelines, you acknowledge that Legacy Bank will not be liable for any error or loss that results from our processing of an electronic deposit or from re-formatting or conversion of the electronic deposit prior to processing.
Legacy Bank will not be liable to you for failure to process an electronic deposit, or any error that results in processing or collecting an electronic deposit for any of the following reasons: you did not provide us with full and correct MICR data and dollar amount from the original paper check; you have not provided an accurate and legible image of the original paper check; you did not comply with formatting standards or other guidelines we require; or you have violated this agreement, any applicable user manuals or reference guides, or any other agreement between you and Legacy Bank.
Upload of Electronic Deposit
You shall upload the electronic deposit to us on or before the 3:00pm Central Time daily electronic deposit cut-off time. Any electronic deposit received by Legacy Bank after 3:00pm Central Time daily cut-off shall be deemed to have been received by Legacy Bank at the opening of its next banking day. Performance of the electronic deposit services may be affected by external factors such as the issues with communication networks. You are responsible for the transmission of the electronic deposit until the Remote Deposit Capture System reports a successful acknowledgement of receipt of the transmission.
An electronic deposit is considered received when the entire electronic deposit in which that electronic deposit is contained is received by us in accordance with the paragraph above. If only a portion of the that electronic deposit is received by us for any reason, including without limitation a failure during the transmission to Legacy Bank, the electronic deposit is deemed to have not been received by us including any check image contained in the portion of that electronic deposit that was received.
We will process electronic deposits received from you via check image collection only. Mobile Check Deposit will not process substitute checks or checks through ACH conversion.
Availability of Funds
You agree that qualified checks deposited using the services are not subject to the funds availability requirements of the Federal Reserve Board Regulation CC. In general, if an Electronic Deposit through the service is received and accepted on or before 3:00pm Central Time on a Banking Day that we are open, we consider that day to be the day of your deposit and up to $200.00 may be immediately available and the remainder typically available for withdrawal by the second banking day after the day of deposit. Otherwise, we will consider that the deposit was made on the next banking day we are open. We may delay availability of funds based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant. We will notify you by letter, email, or phone if an extended hold is placed on your deposit.
We reserve the right to impose limits on the amount(s) and/or number of electronic deposits that you transmit using your system and to modify such terms. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such a deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. Daily and multi-day deposit dollar and count limits may vary and are subject to change at our sole discretion without prior notification to you.
You agree we may charge your account for any and all returned items. This includes a returned check image.
We reserve the right to reject any deposit (as an Electronic Deposit or otherwise) for any reason. We will notify you of the rejection of any deposit by letter, e-mail or phone call.
Accuracy and Timeliness of Mobile Check Deposit
We will use reasonable efforts to provide Mobile Check Deposit services in a prompt fashion, but shall not be liable for temporarily failing to deliver this. If this happens, you shall be responsible for conducting banking business through alternative channels. We shall not be liable for any inaccurate or incomplete information with respect to transactions that have not been completely processed or posted to our deposit or payments system prior to being made available pursuant to the Mobile Check Deposit Remote Deposit Capture System. Information with respect to all transactions is provided for your convenience, and you shall have no recourse to us as to use of such information.
Retention and Destruction of Original Items
In the event we determine, at our sole discretion, that we need the original paper check to collect a returned Check Image, you shall be responsible for providing the original paper check to us. If the original paper check has been destroyed, you shall be responsible for providing a replacement check.
To mitigate fraud or the presentment of duplicate items, you agree to clearly mark “Electronic Deposit on Date” (the date being the day, month, and year of your deposit) in a blank area on the top half of the front of the original paper check after successfully capturing the Check Image and receiving confirmation that the item was received and accepted by us for deposit. You will be responsible for secure retention, storage, and destruction of the original paper check for a minimum of 14 days from the transmission date. You will retain and store the original paper checks in a secure and locked container that is only accessible by persons needing to access them. During this retention period and upon our request, you agree to provide us with the original paper check(s) to process a payment or resolve a dispute arising from an Electronic Deposit. Once the retention period has expired, you will securely destroy original paper checks that you used to make Electronic Deposits.
Your Responsibility and Indemnity
With respect to each check image or electronic deposit that you transmit to us, you shall indemnify and hold Legacy, its licensors and providers of service, and their respective directors, officers, employees and agents, harmless from and against any and all claims, demands, damages, losses, liabilities, penalties, and expenses (including, without limitation, reasonable attorney’s fees and court costs at trial or an appeal) arising directly or indirectly:
- From your breach of a representation or warranty as set forth in the “Representations and Warranties” section above;
- As a result of any act or omission by you in the capturing, creating or transmission of the check image or electronic deposit, including without limitation the encoding of MICR data from the original paper check;
- From any duplicate, fraudulent or unauthorized check or Check Image;
- For any loss caused by our acceptance or creation of a Check Image instead of presentment of the original paper check;
- From any other act or omission arising out of our action or inaction taken pursuant to any request by you or pursuant to this Agreement.
This section shall survive termination of the agreement.
To use the service, you must obtain and maintain, at your expense, a supported mobile device with compatible hardware as specified by Legacy Bank. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system, mobile carrier, or data service will be compatible with Legacy’s mobile app. Message and data rates may apply.
You may use the service and Remote Deposit Capture System for business or personal use for as long as we in our sole discretion provide Mobile Check Deposit to you.
This service is provided to you at no charge. Legacy reserves the right to change fees from time to time upon thirty (30) days prior written notice. If you continue to use the service after the fee becomes effective, you agree to pay the fee, which may change from time to time. You are responsible for any fees or other charges your wireless carrier may charge for any related data or message services.
You shall comply with all security procedures for the service established by us or set forth in any written user requirements communicated to you. You are solely responsible for (i) maintaining your own internal security procedures, (ii) safeguarding the security and confidentiality of any information obtained from your deposited checks, check images, and other information that is either printed from, stored on, or downloaded to your system, Remote Deposit Capture System, or your other computer/data systems or portable media; and (iii) preventing errors or unauthorized access to the Remote Deposit Capture System. You agree not to supply your access information to anyone. You will be responsible for all electronic communications, including image transmissions, email, and other data entered using the access information. You agree to immediately notify us if you become aware of any loss, theft, or unauthorized use of any access information, including your mobile devices. We reserve the right to deny you access to the service if we believe that any loss, theft or unauthorized use of access information has occurred.
Changes to the Service
We reserve the right to terminate, modify, add and remove features from the service at any time in our sole discretion. You may reject changes by discontinuing use of this service. Your continued use will constitute your acceptance of and agreement to such changes. Maintenance to the service may be performed from time to time resulting in interrupted service, delays or errors in the service. We shall have no liability for any such interruptions, delays or errors.
Applicable Law and Jurisdiction
This agreement will be governed by and construed in accordance with the laws of the state indicated in the Account Agreement, excluding its conflict of law principals, the parties shall submit to venue in and jurisdiction of the courts as provided in the Account Agreement.
Any dispute, controversy or claim arising out of or based upon the terms of this agreement or the transactions contemplated hereby shall be resolved by arbitration pursuant to the terms of the Account Agreement.