Consumer Mobile Banking End User Terms

CONSUMER MOBILE BANKING END USER TERMS

Bank of Bourbonnais ("Bank," "we," "us," or "our") offers to clients certain banking services that can be accessed using a mobile device, including, as described below, mobile deposit and text (SMS) messaging services for U.S.-based mobile telephone numbers. Collectively, these banking services are referred to as "Mobile Banking." The following terms govern the Bank's provision of Mobile Banking services to you as a client of the Bank.

SECTION A - Bank of Bourbonnais Mobile Banking End User Terms Agreement

This Bank of Bourbonnais Mobile Banking End User Terms Agreement ("Mobile Banking Agreement") establishes the terms and conditions for Mobile Banking services provided by the Bank through our consumer online banking service ("Bank of Bourbonnais Online Banking Services"). "Account" and "Accounts" refer to your accounts at the Bank that you access through the Bank's Mobile Banking services.

Mobile Banking is also subject to the terms of the Bank of Bourbonnais Online Banking Services Agreement that you received when you enrolled in Bank of Bourbonnais’ Online Banking Services and the applicable Consumer Terms and Conditions of your Account ("Account Agreement"), and other terms we furnish to you in print or online in connection with Mobile Banking, Bank of Bourbonnais Online Banking Services, or your Accounts, as they may be amended; and all applicable laws, regulations, and rules. The terms defined in those agreements have the same meaning in this Mobile Banking Agreement, unless otherwise stated. If there is any conflict between the terms stated in the Mobile Banking Agreement and any other agreements that you have with the Bank, including the Bank of Bourbonnais Online Banking Services Agreement and the Account Agreement, the provisions of the Mobile Banking Agreement will prevail regarding the subject matter covered in the Mobile Banking Agreement. When you enroll in Mobile Banking, you represent that you are at least 18 years of age.

Please review your Account Agreement, which contains important legal terms and conditions and required disclosures about Electronic Fund Transfers, including error resolution procedures, and Funds Availability, as well as other important information, that impacts the use of Mobile Banking.

Mobile Banking - Generally. The Bank offers three methods for accessing Mobile Banking:

1. Through the Bank's mobile banking software application ("Mobile App");
2. Through a web browser ("Web Browser"); and
3. Through text (SMS) messaging services ("Text Messaging Services").

The Mobile Banking services available through each of these methods may be limited as further described in this Mobile Banking Agreement. Not all Mobile Banking services are available from mobile devices and some Mobile Banking services may not be available from mobile devices that do not meet the hardware and software requirements specified below. Text Messaging Services are only available for U.S. mobile telephone numbers. At the discretion of the Bank, Mobile Banking may not be available for certain types of Accounts or certain types of account authorities (e.g. trustees) due to security concerns or due to other account restrictions.

The following Mobile Banking services can be conducted through Bank of Bourbonnais Online Banking Services on Permitted Mobile Devices (as defined below):

• View "real-time" account balances and account information for your accounts;
• Review transaction history on your accounts;
• View electronic statements, notices and tax documents;
• Access account balance and account information for your loan, line of credit, and mortgage accounts;
• Initiate a request to stop payment of a check;
• Elect to receive online statements, notices and tax documents;
• View check images;
• Change your contact information;
• Enroll and manage account alerts;
• Transfer services;
• Transfer funds between your accounts;
• Transfer funds to or from your Account(s) and External Account(s);
• Schedule future or recurring Transfers; and
• Modify or cancel Transfers.
• Bill Pay Services;
• Initiate payments to a payee in the United States using funds from your deposit accounts;
• Establish a new payee;
• Schedule future or recurring Payments; and
• Modify or cancel payments.

Zelle® Services - Additional terms and conditions apply to Zelle®. Availability may be limited based on factors such as your account type, account ownership role, and/or the date of account opening. We may, from time to time, limit the type, number, and dollar amounts of any transfers made using Zelle® and terminate or suspend the operation of Zelle®, without notice, unless required by law or regulation. When you enroll in Mobile Banking and consent to the Mobile Banking End User Terms, you will also consent to the Bank of Bourbonnais Zelle® Network Standard Terms when you enroll in Zelle® via the mobile app.

Permitted Mobile Banking Operating Systems and Devices – Smartphones that meet the requirements established by the Bank ("Permitted Mobile Devices") can be used to conduct Mobile Banking. The Bank may modify the type of Permitted Mobile Devices or the hardware or software requirements for Permitted Mobile Devices at any time. 

Permitted Mobile Devices and operating systems are subject to change at any time without notice.

The Bank is not responsible for any defects, viruses, or other harm that you may incur from using the Mobile App or Mobile Banking, including any errors, failures, or malfunctions of your Mobile Device. Mobile Banking services may not be accessible from all locations and some or all the Mobile Banking services may not be available through some mobile networks.

Text Messaging Services. Our Text Messaging Service permits you to request and receive messages about your Accounts through a Mobile Device ("Text Messages"). You must enroll each Mobile Device separately in our Text Messaging Service to receive Text Messages through Bank of Bourbonnais’ Online Banking Services. Text Messages will be sent to the number for the Mobile Device that you provided to the Bank when you enrolled in the Text Messaging Service. You are responsible for informing the Bank of any changes to your Mobile Device number. Text Messages are available only for U.S.- based mobile telephone numbers.

The use of Mobile Banking is separate and apart from any other charges that may be assessed by your wireless carrier for Text Messages sent to or received from the Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services including, without limitation, Text Messaging Services.

The Mobile Banking Services are provided by the Bank. You and the Bank are solely responsible for the content transmitted through the Text Messages sent to and from the Bank.

For help, text "HELP" to 49794. To stop receiving Text Messages, text "STOP" to 49794 at any time. In case of questions, please contact customer service at 866-268-5101, or submit a secure message through online banking or via the mobile app. For security reasons, please do not send account numbers or other sensitive information through Text Messages or unencrypted email.

Text Messaging Services may be changed by the Bank at any time.

Text Messaging Security. Text Messages are not encrypted and are not a secure form of electronic communication. Text Messages may include specific information pertaining to your Account, such as your Account balance and transaction information. To help protect your security, the Bank does not include your complete Account number in Text Messages.

Text Messaging Delivery and Limitations. Your receipt of any Text Message may be delayed or prevented by factors outside of our control such as communication issues with your wireless telephone carrier or Internet service provider. The Bank does not guarantee the delivery or the accuracy of the contents of any Text Message. The information in a Text Message may no longer be accurate when you receive it if there is other activity on your Account or a delay in sending or receiving the Text Message. We are not liable for any losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any Text Message; (b) inaccurate content in a Text Message; or (c) your use or reliance on the contents of any Text Message.

Termination of Text Messaging. Either you or the Bank may terminate your enrollment in the Text Messaging Service at any time without notice.

If you do not use the Text Messaging Services for a period of six months, we may terminate without notice your ability to use the Text Messaging Service.

SECTION B - Mobile Deposit Services

Transaction Limits:

• No more than five deposits per business day
• Maximum check limit of $2,500 per day. 
• Maximum total deposit limit of $2,500 per day not to exceed five deposits per day. 
• You are limited to a total of 10 deposits, totaling no more than $5,000 in a 25-day period. 
• There is one item per deposit limit.

Hold Policy for Mobile Deposits

This policy only applies to deposits made using Mobile Check Deposit; deposits made at a branch location or ATM remain subject to the funds availability policy outlined in the most current version of the Consumer Terms and Conditions of Your Account and may have different funds availability. Please remember that even after we have made funds available to you, and you have withdrawn funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

Mobile Check Deposit is available 24 hours a day, seven days a week, however, service may be unavailable from time to time for routine software and hardware maintenance or due to scheduled down time.  For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays but the availability of the approved and processed mobile deposit is subject to the following Business Day processing cutoff times:

Deposits submitted and approved by us before 5 p.m. Central Time on a Business Day:

• Generally, the first $275 of your total daily deposits will be available on the first business day after the day of your approved and processed deposit.  The remaining funds will be available on the second business day after the day of your approved and processed deposit.

Deposits submitted after 5 p.m. Central Time on a Business Day or on a day we are not open: 

• These deposits will not be processed and approved until the next Business Day, which we will consider that the deposit was made on the next business day we are open.  Generally, we will make the first $275 of your total daily deposits available on the approved date of deposit with the balance of your total daily deposits available on the next Business Day.

We may delay the availability of funds for a longer period in any situation where we believe that doing so is required by law; identify potential fraud or other illegal or suspicious activity; detect unusual activity; believe there is a dispute as to the ownership of the funds or the legitimacy of the transaction; or believe the check may not be paid for any reason. Funds availability may also be delayed for a longer period when there is an emergency or outage, such as failure of computer or communications equipment.

Mobile Deposit Services. You can use Mobile Deposit Services to deposit items to your deposit account by using a Mobile Device registered to us.

Mobile Deposit Services involve:

- creating electronic images of checks ("Electronic Items")

- transmitting those Electronic Items to us for review and payment processing

We will present for payment each transmitted Electronic Item that we determine is eligible for processing by creating a substitute check that we will present directly or indirectly to the bank on which the original Electronic Item is drawn or payable, by including it in an electronic file for presentment, or by presenting or posting an Electronic Item for which we are the paying bank. There are some restrictions on the Mobile Devices that can be used and the items that can be deposited into your Account, as specified in this Mobile Agreement, your Account Agreement, and the Bank of Bourbonnais Online Banking Services Agreement. Mobile Deposit Services are available only through our Mobile Apps.

Limitations of Use. You must be enrolled in Mobile Banking prior to using the Mobile Deposit Services and comply with any other use restrictions that we communicate to you to use Mobile Deposit Services. If at any time your Account exceeds the limitations of use stated in Section C, you will not be able to use Mobile Deposit Services.

Restrictions on Deposited Items. Only the following items may be deposited through Mobile Deposit Services: We will accept checks payable to you “the depositor”, endorsed by you, with a current date, drawn on or payable at or through a U.S. bank or credit union.  You must endorse all Items with your name, account number and the language "For Bank of Bourbonnais Mobile Deposit Only," or as otherwise instructed by the Bank, before submitting an item for deposit through Mobile Deposit Services. Electronic Items that do not include this, required information may be rejected at the sole discretion of the Bank.

Additionally, the following items will not be accepted through Mobile Deposit Services for deposit into your Account:

• Checks that have been altered or that you know, suspect, or should know or suspect, or that we reasonably believe or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Electronic Item is drawn
• Money Orders, Cashier’s Checks, Traveler Checks, Government Checks or Tax Refund Checks
• Substitute checks (including paper checks created from an electronic image)
• Checks that are irregular in any way (e.g., where the numerical and written amounts are different)
• Checks that are illegible or contain routing and transit number, account number, check number or MICR data that is not machine-readable
• Checks that were previously deposited or processed as an Electronic Item
• Checks that have been previously returned unpaid for any reason
• Checks that are postdated or more than 6 months old
• Checks drawn on a foreign bank or payable in a foreign currency
• Checks that exceed the limits stated in Section B
• Remotely created checks
• Cash

We will generally notify you that an Electronic Item is not acceptable for deposit through email at the time it is received by the Bank. However, we may also determine later that an Electronic Item is unacceptable for deposit.

Cut-off Times. We will process the Electronic Items that we receive through Mobile Deposit Services before the cut-off time on the Business Day that we receive them. Cut-off time is 5PM CST. If we receive an Electronic Item after the Cut-Off Time on any Business Day or on a day that is not a Business Day, we will process it on the next Business Day. Our Business Days are Monday through Friday, excluding federal holidays. Your Electronic Items are considered received by the Bank when a confirmation email message is generated.

Your Mobile Deposit Representations and Warranties.

You represent and warrant to the Bank that you will:

• Use the Mobile Deposit Services in accordance with the terms of this Bank of Bourbonnais’ Consumer Mobile Banking End User Terms, including the Limitations of Use and the Restrictions on Deposited Items stated in Section B.
• Maintain control over and be responsible for secure retention, storage, and destruction of original checks for which you have created an Electronic Item.
• Not submit any duplicate Electronic Item to us.
• Not deposit to your account or otherwise negotiate any original paper check that you have submitted to the Bank as an Electronic Item unless we notify you that your Electronic Item was not accepted for deposit.
• Review and verify accurate information contained in the Electronic Items before you transmit it to us.

Mobile Banking is provided to you by Bank of Bourbonnais and powered by a Licensor (as defined below) mobile technology solution. This is a legal agreement between you and the Bank regarding your use of these services and the related technology.

It is your responsibility to provide us with a current and accurate e-mail address and telephone number of any mobile device used to access Mobile Banking. It is also your responsibility to promptly update any changes to this information. You can update your information through Bank of Bourbonnais Online Banking Services, via the mobile app or by contacting us at:

Bank of Bourbonnais

One Heritage Plaza

Bourbonnais, IL 60914

Attention: Client Support Center

815-933-0570

SECTION C - End User License Agreement Terms for Downloadable Apps

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 the Bank as 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 the Bank 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 for 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 Illinois 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 Illinois 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 D - General Mobile Banking Terms

1. YOUR REPRESENTATIONS AND WARRANTIES. YOU REPRESENT AND WARRANT TO THE BANK THAT YOU WILL (i) EXERCISE REASONABLE CARE WHEN USING MOBILE BANKING; (ii) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT THE BANK PROVIDES TO YOU FOR MOBILE BANKING; AND (iii) USE MAXIMUM CAUTION IN PROTECTING YOUR MOBILE DEVICES, USER ID, PASSWORD AND OTHER HARDWARE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS AND NOT SHARING SUCH CREDENTIALS WITH ANY THIRD PARTY NOR ALLOWING ANY THIRD PARTY TO ACCESS YOUR ACCOUNT THROUGH ANY OF YOUR MOBILE DEVICES. YOU AGREE TO NOTIFY THE BANK IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF, MOBILE BANKING OR YOUR SECURITY CREDENTIALS. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS AND REGULATIONS, ALL USE OF MOBILE BANKING THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU AND YOU ASSUME THE ENTIRE RISK FOR THE USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO PROPERLY SECURE ALL HARDWARE YOU USE IN CONNECTION WITH MOBILE BANKING, INCLUDING, BUT NOT LIMITED TO, ENSURING THAT YOUR MOBILE DEVICE IS PASSWORD PROTECTED.
2. INDEMNIFICATION. YOU AGREE TO INDEMNIFY THE BANK FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, OBLIGATIONS, DEMANDS, CHARGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AWARDED AGAINST OR INCURRED BY THE BANK, DIRECTLY OR INDIRECTLY, DUE TO YOUR FAILURE TO ACT IN ACCORDANCE WITH THE TERMS OF THIS MOBILE BANKING AGREEMENT, INCLUDING, BUT NOT LIMITED TO, (I) DUPLICATE SCANNING OF THE SAME ORIGINAL CHECK, (II) TRANSMISSION OF DUPLICATE ELECTRONIC ITEMS, (III) NUMERICAL DEPOSIT DATA ENTRY ERRORS, AND (IV) FRAUDULENT OR UNAUTHORIZED USE OF YOUR MOBILE DEVICE, USER ID, OR PASSWORD, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS AND REGULATIONS.
3. Modification and Termination. You may terminate your use of Mobile Banking at any time by disabling or removing your mobile device within mobile management in Online Banking and/or deleting the Mobile App from your mobile device. Terminating your mobile device does not impact what information is retained or deleted. If you delete the Mobile App, you will need to re-enroll in Mobile Banking if you choose to use Mobile Banking in the future. We may modify or terminate all or any portion of the Mobile Banking services at any time and will provide you with a minimum of 30 days notice of any changes where required by applicable laws and regulations. If you do not use Mobile Banking for a period of six months, we may terminate your use of Mobile Banking upon notice to you.