Mobile Banking Terms and Conditions

Thank you for using Wayne Bank Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 96924. To cancel, text “STOP” to 96924 at anytime. In case of questions please contact customer service at (800) 598-5002.

Program: Wayne Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.

Questions: You can contact us at 800-598-5002, or send a text message with the word “HELP” to this number: 96924. We can answer any questions you have about the program.

To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 96924. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.

Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless

Mobile Banking may be unavailable at anytime for reasons outside of the reasonable control of Wayne Bank or any service provider.

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, Wayne Bank and its affiliates and service providers, may receive and 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 Mobile Banking (collectively “User Information”). Wayne Bank and its affiliates and 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 Mobile Banking and as otherwise permitted or required 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. Wayne Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking 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 Mobile Banking 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, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking 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 {name of Financial Institution} (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 the transmission of which could diminish or harm the reputation of {name of Financial Institution} or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) 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; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose {name of Financial Institution}, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner the provision of Mobile Banking, the security of Mobile Banking, or other customers of Mobile Banking; or (d) otherwise abuse Mobile Banking.

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or other URLs as may be updated by Google.

These terms and conditions are in addition to Wayne Bank’s (“the Bank”) Privacy Policy, Terms of Use/Electronic Banking Services Agreement, Terms and Conditions of Your Account, Truth in Savings Disclosure, Electronic Funds Transfer Disclosure and any other applicable terms and/or disclosures. If there is an inconsistency with the Mobile Remote Deposit Capture Terms and Conditions and any other terms and conditions or disclosure these Mobile Remote Deposit Capture Terms and Conditions shall prevail.

Description of Service: Mobile Remote Deposit Capture provides you (the “depositor”) the ability to take a picture of the front and back of an original paper check and submit the images electronically for deposit to eligible account(s) using a compatible handheld device. This service is provided through Wayne Bank’s downloadable application (“app”). The software is designed using the Check Clearing for the 21st Century Act (Check 21) and its related regulations. Every image submitted for deposit is reviewed electronically for image quality at the point of capture. Once submitted, images are reviewed again by Wayne Bank. If the captured image does not pass image quality review at either point, the deposit will not be processed. Depositor must review the deposit history to ensure the credit was processed for the deposit. Credit to the designated account may take up to two (2) business days to process.

Requirements for the use of Mobile Remote Deposit Capture (“Mobile Capture”) service:

• To access the Mobile Capture service, depositor must have or acquire and maintain a compatible handheld device, necessary software (app) and hardware (camera), and a wireless plan from a compatible wireless carrier.
• The depositor must request access and qualify for service and Wayne Bank must approve use of Mobile Capture.
• Depositor may submit images for deposit to Wayne Bank within the Bank’s established dollar limits (deposit limits). Wayne Bank reserves the right to limit the dollar amount and frequency of deposits submitted through Mobile Capture. If depositor exceeds the dollar limit or frequency established, the Bank may in its sole discretion accept or refuse the check image for deposit. If at any time Wayne Bank accepts a deposit that exceeds the established limits, the Bank has no obligation to do so in the future. Wayne Bank may raise or lower deposit limits at any time, without prior notification.
• Depositor is responsible for maintaining the security and confidentiality of your mobile device(s), access ID(s), password(s), security questions and answers, account number(s), and any other security or access information used by you to access Mobile Capture. Depositor agrees to prevent unauthorized access or use of the information, files or data that is stored, transmitted, or in use with Mobile Capture. This includes supplying access information to another party. You agree to immediately notify the bank if you become aware of any loss, theft, or unauthorized use of security or access information including mobile devices.

Eligible and Ineligible Items:

Eligible Items:

• Original paper checks not altered
• Checks drawn on U.S. financial institutions payable in U.S. dollars
• Checks payable to one or multiple parties deposited to an account with the same name(s)
• Bank checks (money orders, travelers checks, official checks, cashier’s checks)

Ineligible Items include but are not limited to:

• Foreign items (drawn on institution outside the U.S.)
• Savings bonds
• Bond coupons
• Checks payable to a third party
• Altered items
• Redeposit checks (items previously returned)
• Illegible items
• Items with unreadable magnetic ink (MICR)
• Items previously converted to a substitute check as defined by Availability of Funds and Collections of Checks (Regulation CC)
• Remotely created checks as defined by Regulation CC
• Fraudulent items

The depositor and the Bank agree to mutually comply with and be bound by the following without exception: The Check Clearing for the 21st Century Act (Check 21) as implemented under Federal Reserve Regulation CC; ANSI X9.37 standards for image quality; the Board of Governors of the Federal Reserve Board; or any other regulatory agency, clearing house, or association and, as applicable, all other Federal, State or local laws and regulations. The depositor acknowledges and agrees that even if Wayne Bank does not identify an image as ineligible, the image may still be returned to Wayne Bank because, among other reasons, the image is deemed ineligible by the financial institution upon which the check is drawn or any other collecting financial institution. If a deposit accepted by Mobile Capture is not eligible or is changed a notice will be mailed or delivered to the Depositor.

Funds Availability & Regulation CC: Submitting a check image does not constitute receipt of the deposit. Generally, deposits are credited within two (2) business days. It is the depositor’s responsibility to verify receipt of deposit. Deposits submitted on a bank holiday will not be processed until the next business day. Depositor may verify receipt of deposit by reviewing the account statement, by calling customer service at 800-598-5002, or by viewing the account online at waynebank.com. Wayne Bank reserves the right to delay availability of deposited funds in accordance with Regulation CC. If the bank delays availability the depositor will be notified in writing or by electronic means. For any return of a deposited check image, a substitute check and notification will be mailed or delivered to the depositor within two (2) business days of receipt by the Bank.

Depositor warranties and indemnities:

• Depositor will indemnify, defend, and hold Wayne Bank and its agents from and against all liability, damage or loss arising from any claims, suits, or demands brought by third parties with respect to any check image, substitute check, or original paper check processed through Mobile Capture.
• The systems and procedures established for providing this service are declared by the depositor to be commercially reasonable and the depositor will defend, indemnify and hold Wayne Bank harmless from and against all liability, damage, and loss arising out of any claims, suits or demands brought by third parties with respect to any substitute checks including, without limitation, those arising out of bank’s keying errors on reject items.
• Depositor shall not alter any original paper check or check image and agree to review the image to ensure it accurately represents all of the information on the front and back of the original paper check at the time the image is submitted for deposit.
• Depositor agrees to submit only images that are suitable for processing including, but not limited to, legible items and contain MICR data.
• Depositor agrees to destroy every original check deposited through Mobile Capture within thirty (30) calendar days of receiving the deposit receipt to the designated account. During this period the original check must be presented to the bank if requested. Prior to destruction, depositor agrees to store the original check in a secure location. The depositor is responsible if an original check is misused following submission of a deposit via Mobile Capture.
• The Depositor has established adequate internal controls to ensure duplicate files and/or checks are not retransmitted to the Bank and the original paper check will not be re-deposited.
• Depositor shall not deposit into an account with Wayne Bank or any other financial institution, or otherwise negotiate or transfer to anyone any check (image or paper) that has been previously processed for deposit.
• Each check image presented for deposit is directly payable to or has been lawfully transferred by endorsement to the Depositor. Signature(s) on each check image are authentic and authorized.
• Each check image is free from alteration, is properly endorsed by depositor for deposit to the designated account with the same name(s) prior to image capture and the endorsement shall include the words “For Mobile Deposit Only” and depositor’s name(s).
• Use of Mobile Capture service is for depositor’s own personal, or small business, use in accordance with the terms of this agreement. Depositor shall not make Mobile Capture available or transfer rights to use the Mobile Capture service for the benefit of any third party.
• Depositor agrees to immediately notify the bank of any errors regarding items deposited through the service, or no later than thirty (30) calendar days after receipt of the account statement containing the error.
• Depositor will not violate the sanctions enforced by the Office of Foreign Assets Control (OFAC) and will not act at any time on behalf of any party subject to such sanctions.
• Depositor guarantees that neither the bank nor its facilities are being used by depositor as a conduit to launder money or for any other illicit purposes.

Wayne Bank may at any time, without prior notice, deny access to you, suspend, or discontinue your Mobile Capture capabilities. Wayne Bank also reserves the right to change, at any time without notice, the list of compatible devices, hardware and software requirements, wireless plans or compatible wireless carriers.

An accountholder (referred to as depositor throughout this agreement) is defined as any party associated with or permitted to transact on an account as designated on the signature card. This may include, but is not limited to, individuals, sole proprietors, authorized agents, and officers or members for non-consumer accounts. The accountholder (depositor) is responsible for any deposit processed to their account, even if the deposit is not made by the accountholder.

Payment for services: All fees and charges related to any account accessed with the Mobile Capture service as stated in the applicable service fee schedule for the account(s) will remain in effect when using the Mobile Capture service. The service fees and charges, if any, for the use of the Mobile Capture service are found in the applicable fee schedule. Wayne Bank may at its sole discretion make changes to any related charges or fees by notifying the depositor thirty (30) calendar days prior to the effective date of the change.

DISCLAIMER OF WARRANTIES: DEPOSITOR AGREES USE OF THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT DEPOSITORS RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAYNE BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WAYNE BANK MAKES NO PROMISES OR WARRANTIES AND WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DAMAGE RELATING TO OR CAUSED BY DEPOSITOR’S USE OF A HANDHELD DEVICE, WIRELESS PLAN, OR ANY SOFTWARE OR HARDWARE RELATING TO THE SAME. WAYNE BANK MAKES NO WARRANTY THAT THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE (i) WILL MEET DEPOSITORS REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT THE RESULTS OBTAINED FROM THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL WAYNE BANK BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE OR FOR ANY LOSS OF DATA, EVEN IF WAYNE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.