Mobile Banking Service Agreement

 

END USER TERMS

 

This service is provided to you by WaterStone Bank SSB (“WaterStone”) and powered by a Third Party (the “Licensor”) mobile technology solution.  Section A of these End User Terms is a legal agreement between you and WaterStone. Section B of these End User Terms is a legal agreement between you and the Licensor.

 

SECTION A

 

I Terms and Conditions

 

This mobile banking services agreement (“Agreement”) contains the terms and conditions which govern WaterStone Bank SSB’s (“WaterStone”) mobile banking services (“WaterStone Mobile”) and mobile check deposit services (“Mobile Check Deposit”). The terms and conditions contained in this Agreement supplement the terms and conditions of your Consumer Internet Banking Agreement (the “CIB Agreement”).  In the event of a conflict between this Agreement and the CIB Agreement, the terms and conditions of the CIB Agreement control. This Agreement will be governed by and construed in accordance with the laws of the state of Wisconsin. 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 Wisconsin and the parties expressly consent to jurisdiction and venue thereof and therein. Your use of WaterStone Mobile and Mobile Check Deposit constitutes your agreement to the following terms and conditions.   

 

 

II WaterStone Mobile

 

1.     In order to use WaterStone Mobile, you are required to have an online banking account with WaterStone and you will be required to access and utilize downloadable software.  The third party provider Licensor is responsible for providing the downloadable software.  Your use of the downloadable software is governed by the Licensor’s End User License Agreement set forth in Section B.  Prior to using WaterStone Mobile, you must agree to the terms and conditions set forth by the Licensor. You also must provide WaterStone with your mobile device phone number.  During the enrollment process, WaterStone will provide you with a verification code, sent to your mobile device by text message, which associates your mobile device with your online banking account.  You are required to enter the verification code on the mobile device within twenty-four (24) hours of the verification code being provided to you.  

2.     You are solely responsible for selecting a means of accessing the Internet via your mobile device. WaterStone will not provide you with any recommendation regarding the means in which you choose to access the Internet. You are solely responsible for any defect, malfunction, or interruption in service or for any breach of security arising from the means in which you choose to access the Internet and/or malfunction or interruption in service or for any breach of security involving your mobile device.  It shall be your sole responsibility to establish physical security and other security procedures regarding access to the Internet, protecting and safeguarding your mobile device and utilizing WaterStone Mobile. You understand that Federal and State of Wisconsin statutes make it a crime to gain unauthorized access into WaterStone’s computer network and that violators will be prosecuted. You are solely responsible for the content transmitted to WaterStone through WaterStone Mobile. You acknowledge and understand that you must maintain, secure and protect your mobile device.  Information on securing and protecting your mobile device can be obtained by accessing the following link: http://www.wsbonline.com/systemrequirements.aspx 

3.     WaterStone is providing WaterStone Mobile to you for your convenience and WaterStone Mobile does not replace your monthly account statement(s), which are the official record of your account(s). The information contained within WaterStone Mobile and any related software is for informational purposes only and the balances provided may not include recent or pending transactions that have not yet posted to your account. The services are provided by WaterStone and not by any other third party.  You and WaterStone are solely responsible for the content transmitted through the text messages sent to and from WaterStone.  You must provide source indication in any messages you send (e.g., mobile telephone number, “From”’ field in text message, etc).  You understand and agree that the information within WaterStone Mobile may not be encrypted and may include personal or confidential information about you and/or your account activity and status. The delivery and receipt of information through WaterStone Mobile including, but not limited to, instructions for payments may be delayed or impacted by factors pertaining to your internet service provider(s), wireless carrier(s), other parties, or for reasons outside of WaterStone’s control.  To the fullest extent permitted by applicable law, WaterStone will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through WaterStone Mobile.

4.     You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your wireless carrier.  You agree that WaterStone may send you text messages through your wireless carrier.  The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from WaterStone.  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 for short message service.  WaterStone is not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your wireless carrier. Any losses or charges arising by virtue of your failure to establish and/or safeguard any passwords on your mobile device are your sole responsibility. You agree to indemnify and hold WaterStone harmless from any third party claims, liability, damages or costs arising from your use of WaterStone Mobile and/or from providing WaterStone a mobile device phone number that does not belong to you.  You acknowledge and understand that you should establish a password on your mobile device and that any password(s) you have established for your mobile device should not be stored in your mobile device.

5.     WaterStone reserves the right, at its discretion, to add, delete, change, modify, alter, or discontinue WaterStone Mobile or any aspect, feature, or function of WaterStone Mobile at any time, including content, and equipment needed for access to use WaterStone Mobile.  WaterStone reserves the right to change the terms and conditions of this Agreement at any time.  When material changes are made, WaterStone will update this Agreement and send you a notice at the address shown on our records or we may notify you by email.  Revised terms and conditions shall become effective at the earliest date allowed by applicable law or regulation.   A change may be made immediately if necessary to ensure the security of WaterStone Mobile or your account.   Any use of WaterStone Mobile after WaterStone sends you a notice of change will constitute your agreement to such change(s). 

6.     To the fullest extent permitted by applicable law, in no event will WaterStone be liable for any damages arising out of the use or inability to use WaterStone Mobile, 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. 

7.     For help with WaterStone Mobile, you may text “HELP” to 79680. To cancel, send STOP to 79680 at anytime.  Or,  you maycontact customer service at 1-888-686-7272.

 

III Mobile Check Deposit

 

1.     Mobile Check Deposit allows you to make deposits of original checks (“Item”) from remote locations by scanning an image of a original check (e.g. using a camera on your Mobile Device to take a picture) and submitting the image to WaterStone for processing using Mobile Check Deposit.  WaterStone reserves the right, at its discretion, to add, delete, change, modify, alter, or discontinue Mobile Check Deposit or any aspect, feature, or function of Mobile Check Deposit at any time.

2.     You must meet our eligibility requirements in order for you to use Mobile Check Deposit.  Please contact customer service at 1-888-686-7272 or stop at one of our branches for more details on eligibility requirements.  We may change the eligibility requirements from time to time at our sole discretion.

3.     Mobile Check Deposit has established standard limits to the number and dollar amount of Item(s) you can complete on a daily or multiday basis. You may obtain these standard limits by reviewing our Frequently Asked Questions or calling customer service at 1-888-686-7272. WaterStone reserves the right to change these standard limits that apply to you at any time at our sole discretion.

4.     The image of the Item you submit to WaterStone using Mobile Check Deposit must be legible (such quality that the image of the Item can be read by site) and provide all information located on the front and back of the Item, including a complete image of any endorsements. The image quality of the Item must comply with the requirements established from time to time by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. WaterStone reserves the right at our sole discretion to reject any Item submitted using Mobile Check Deposit. WaterStone will notify you of any rejected Items. WaterStone is not required to process any Item that is prohibited from being presented, that does not contain the information required, that is not legible or that is prohibited under this Agreement or Applicable Law.

5.     You agree not to scan and submit Items described below using Mobile Check Deposit:

    • third party checks (checks not payable to you directly),
    • checks not payable in United States currency,
    • U.S. Savings Bonds,
    • Travelers checks,
    • checks endorsed with a restrictive endorsement,
    • duplicates of Items deposited previously,
    • checks issued more than 6 months ago,
    • checks previously returned unpaid,
    • checks in which it is known or suspected to be fraudulent, altered or otherwise not authorized by the owner of the account on which the check is drawn,
    • a substitute check or image replacement document that is derived from or that purport to be a substitute check,
    • checks drawn on or is payable by or at a financial institution that is located in a location that is outside of the contiguous United States, Alaska, Hawaii, the District of Columbia, Puerto Rico or the U.S. Virgin Islands, or
    • a “remotely created check,” as that term is defined in Federal Reserve’s Regulation CC, that is, any check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn.

6.     Money orders or rebates checks may not be accepted and could result in the Item being rejected. 

7.     When endorsing Items to be scanned and submitted using Mobile Check Deposit WaterStone requests that you write “For Mobile Deposit Only” above your endorsement. Improperly endorsing Items may result in us rejecting the Item.

8.     Items submitted and received by 3:00 p.m. (CT) on a Business Day will be processed for approval the same Business Day. Items submitted and received after 3:00 p.m. (CT) on a Business Day will be processed for approval the next Business Day.  (“Business Day”) means Monday through Friday excluding Federal Holidays.

9.     Items scanned and submitted using Mobile Check Deposit, which is approved by WaterStone, will be available 2 Business Days after approval. 

10.  You shall securely store and maintain all Items for a period of 30 days (the “Retention Period”) after you have received notice that the Item has been approved.  You will promptly within 10 days provide any Item to us as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any Item.  It you do not provide the requested Item within 10 days we will deduct the amount of the Item from the account it was deposited to. 

11.  To the fullest extent permitted by applicable law, in no event will WaterStone be liable for any damages arising out of the use or inability to use Mobile Check Deposit, 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. 

 

SECTION B

 

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

 

 

1.     Ownership.  You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

 

2.     License.  Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement.  All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software.  Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason.  Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

 

3.     Restrictions.   You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

 

4.     Disclaimer Warranty.  THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT.  NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.  YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

 

5.     Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED.  IN ANY CASE,  LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

 

6.     U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS.  In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

 

7.     Miscellaneous.  This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.  This Agreement will be governed by and construed in accordance with the laws of the state of 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 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.