AGREEMENTS & DISCLOSURES

Kinecta Federal Credit Union Mobile Remote Deposit Capture User Agreement

This Mobile Remote Deposit Capture User Agreement("Agreement") contains the terms and conditions for the use of KinectaFederal Credit Union’s (“Kinecta”) Mobile Check Deposit and/or other remotedeposit capture services that Kinecta or its affiliates may provide to anindividual that is the owner of an account or a party-in-interest to an account(such as a grantor, power-of-attorney or co-trustee of a trust account) (“you”or “your”). Other agreements you have entered into with Kinecta, including theAgreements and Disclosures and Disclosure addenda(s), as applicable to your Kinectaaccount(s), are incorporated by reference and made a part of this Agreement. Capitalizedterms used herein but not defined will have the meaning ascribed to them inthose documents.

By offering Mobile Remote Deposit Capture and information,products or services via Kinecta’s Mobile Banking Service (“Mobile BankingService”), Kinecta makes no solicitation to any person to use the MobileBanking Service or such information, products or services in jurisdictionswhere the provision of the Mobile Banking Service and such information,products or services is prohibited by law.

ServicesThe Mobile Remote Deposit Capture services ("Online Service") aredesigned to allow you to make deposits to your checking, savings, or moneymarket savings accounts from your mobile smart phone or iPad by taking apicture of a check and delivering the image and associated deposit informationto Kinecta’s designated processor.

Member Eligibility You must be a Kinecta member for atleast thirty (30) days and be a member in good standing to be eligible toenroll in Online Services.

Acceptance of these Terms When you use or access, or permit any other person(s) to use oraccess the Online Service, or download or use the Online Service, it constitutesyour acceptance of the terms and conditions of this Agreement.  Kinecta may, from time-to time, amend orchange this Agreement (including changing applicable fees and service charges)in its sole discretion, by notifying you of any material change via mail,electronic mail or by posting the updates to the revised Agreement on the siteswithin the Mobile Banking Service.  Youwill be prompted to accept or reject any material change(s) to this Agreement whenyou use the Online Service after Kinecta has made a change. Your acceptance ofthe revised terms and conditions along with your continued use of the Online Servicewill indicate your consent to be bound by the revised Agreement. Further, Kinectareserves the right, in its sole discretion, to change, modify, add, or removeportions from the Online Service. Your continued use of the Online Service willindicate your acceptance of any such changes to the Online Service.

Email Address You agree to notify us immediately ifyou change your email address, as this is the email address where Kinecta willsend you notifications of its receipt of remote deposit items.

Alerts and Mobile Services Your enrollment in the Mobile Remote Deposit Capture service includesaccess to mobile text messaging related services and alerts.  By receiving or otherwise using theseservices, you agree that Kinecta may send messages through your communicationservice provider in order to deliver them to you, and that your communicationservice provider is acting as your agent in this capacity.  Kinecta may use a telephone number, emailaddress or other contact information you may have provided Kinecta with forthese services, so that Kinecta may send you certain information about your account(Membership and any qualifying linked share).

Fees and Charges Currently, Kinecta does not charge amonthly fee for the use of the Mobile Remote Deposit Capture feature within themobile banking application for consumer deposit accounts (this feature is notavailable for business accounts). However, Kinecta reserves the right to chargea monthly service fee in the future. If Kinecta decides to do so, Kinecta willprovide you with a notice of change in terms as set forth in this Agreement.  Standard data and mobile phone rates from yourwireless provider may still apply.  You maybe charged access rates depending on your carrier.  Please contact your mobile device carrier foradditional information.

There may be a charge for additionaltransactions and optional services as disclosed on Kinecta’s Schedule of Feesand Charges. You agree to pay such charges and authorize Kinecta to charge yourdesignated account or, if sufficient funds do not exist in your designated accountor overdraft source(s), you authorize Kinecta to charge the amount of the feesassociated with the Mobile Remote Deposit Capture feature to any account(s) youmaintain at Kinecta. In addition to the foregoing, you agree to be responsiblefor any fees and charges assessed for using the Mobile Remote Deposit Capturefeature, including but not limited to fees assessed for any return items thatare in addition to the fees set forth in the most current Schedule of Fees andCharges.

Limitation of Services When using the Online Service, you may experience technical orother difficulties.  Kinecta will attemptto post alerts on its website or send you a text message to notify you ofinterruptions to the Online Services.  Kinectadoes not assume responsibility for any technical or other difficulties or anyresulting damages that you may incur.  Some of the Services have qualificationrequirements, and Kinecta reserves the right to change the qualifications atany time without prior notice to you. Kinecta also reserves the right tochange, suspend or discontinue the Online Service, in whole or in part, or youruse of the Online Service, in whole or in part, immediately and at any time forany reason and without prior notice to you.

Hardware and Software In order to use the Online Service, you must obtain andmaintain, at your expense, compatible hardware and software as specified by Kinectafrom time-to-time.  See www.kinecta.orgfor current hardware and software specifications.  Kinectais not responsible for any third party software you may need to use the Online Service.Any such software used by you is subject to the terms and conditions of thesoftware agreement you enter into directly with the third party softwareprovider at the time of download and installation.

Eligibleitems. You agree to take clear and legible pictures and deposit only"checks" as that term is defined in Federal Reserve Regulation CC("Reg. CC").The term “check” includes both original checks and substitute checks,but does not include checks drawn in a foreign currency or checks drawn on abank located outside the United States.  When the image of the check transmitted to Kinecta isconverted to an Image Replacement Document for subsequent presentment and collection, it shall thereafterbe deemed an "item" within the meaning of Articles 3 and 4 of the UniformCommercial Code.

An ImageReplacement Document is a negotiable instrument used in electronic bankingsystems to represent a physical paper check. It may be wholly digital from payment initiation to clearing andsettlement, or it may be a digital reproduction (truncation) of an originalpaper check.

You agree that all checks transmitted meet the following requirements:

  • Each image of a check transmitted to Kinecta is a true and accurate rendition of the front and back of the original check, without any alterations,and the drawer of the check has no defense against payment of the check.
  • The amount, payee(s), signature(s), and endorsement(s) on the original check are legible, genuine and accurate.
  • Each check that you submit to Kinecta for deposit through the Online Service cannot be resubmitted (through any other delivery channel) to Kinecta or to any otherperson for payment, and will not cause the same drawer’s account to be debited twice.
  • Other than the digital image of an original check that you remotely deposit through the Online Service, there are no other duplicate images of the original check.
  • Each original check was authorized by the drawer in the amount stated on the original check and to the payee (member) stated on the original check.
  • You will not use the Online Service and/or your accounts for any illegal activity or transactions.
  • Check images transmitted to Kinecta will contain no viruses or any other disabling features that may have an adverse impact on its network, data, or related systems.
  • You agree that you will not transmit any of the following types of checks using the Online Service, and you acknowledge that any such checks or other items shall be considered ineligible items:
  • Checks payable to anyperson or entity other than the person or entity that owns the account that the check is being deposited into.
  • Checks containing analteration on the front of the check or item, 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 payable jointly, unless deposited into an account in the name of all payees.
  • Checks drawn on the same account at Kinecta in which you are making the deposit.
  • Checks previously converted to a substitute check, as defined in Reg. CC.
  • Checks drawn on a financial institution located outside the United States.
  • Checks that are remotely created checks, as defined in Reg. CC.
  • Checks not payable in United States currency.
  • Checks dated more than6 months prior to the date of deposit or otherwise defined as “stale dated”.
  • Checks “post dated”after the date of deposit.
  • Checks or items prohibited by Kinecta’s current procedures relating to the Services or whichare otherwise not acceptable under the terms of your Kinecta Account(s).
  • Checks payable on sight or payable through Drafts, as defined in Reg. CC.
  • Checks with any endorsement on the back other than that specified in this Agreement.
  • Checks that have previously been submitted through the Service or through a remote depositcapture service offered at any other financial institution.
  • Any check that is incomplete.
  • Any item stamped“non-negotiable” (whether stamped in print or as a watermark).
  • Cash.
  • Money Orders.
  • Checks that have been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or returned for any other reason.  
  • U.S. Savings Bonds.

Endorsements and Procedures You agree to endorse the check as listed in the payee line and,in addition, restrictively endorse any item transmitted through the Online Service as "For deposit only, into account #______" or as otherwise instructed by Kinecta. You agree to follow any and all other procedures and instructions for use of the Online Service as Kinecta may establish from time-to-time.

Receipt of Items Kinecta reserves the right to reject any item transmittedthrough the Online Service, at its discretion, without liability to Kinecta.  Kinecta is not responsible for items Kinectadoes not receive or for images that are dropped during transmission.  An image of an item shall be deemed receivedwhen you receive a confirmation from Kinecta that Kinecta has received theimage.  Receipt of such confirmation doesnot mean that the transmission was error free, complete, or will be considereda deposit and credited to your Account.  Kinectafurther reserves the right to charge back to your Account at any time any itemthat Kinecta subsequently determines was not an eligible item. You agree that Kinectais not liable for any loss, costs, or fees you may incur as a result of ourchargeback of an ineligible item.

Availability of Funds You acknowledge that items transmitted using the Online Servicesare not subject to the funds availability requirements of Federal Reserve BoardRegulation CC. In general, if an image of an item you transmit through the OnlineService is received and accepted before 12:00 p.m. Pacific Time on any givenbusiness day, Kinecta will consider that day to be the day of your deposit.Otherwise, Kinecta will consider that the deposit was made on the next businessday. Funds deposited using the Online Service will generally be made availablein two business days from the day of deposit. Kinecta may make such fundsavailable sooner based on such factors as credit worthiness, the length andextent of your relationship with Kinecta, transaction and experienceinformation, and such other factors as Kinecta, in its sole discretion, deemsrelevant. However, Kinecta may delay your access to funds as determined byother factors at its discretion, such as, but not limited to; the amount ofitem deposited, transaction activity, non-sufficient funds count, returned itemcount, account balance, account restrictions and type of item being deposited. 

Disposal of Transmitted Items You agree to retain the check for at least seven (7) calendar daysfrom the date of the successful image transmission. After you have receivedconfirmation of your deposit, you agree to mark "VOID" on thedeposited check, or otherwise render it incapable of further transmission,deposit, or presentment. During the time the retained check is available, youagree to promptly provide it to Kinecta upon request.

Deposit Limits Kinecta may establish limits on the dollar amount and/or numberof items or deposits eligible to be deposited through the Online Services fromtime-to-time. If you attempt to initiate a deposit in excess of these limits, Kinectamay reject your deposit. If Kinecta permits you to make a deposit in excess ofthese limits, such deposit will still be subject to the terms of thisAgreement, and Kinecta will not be obligated to allow such a deposit at othertimes. The current daily dollar limit is $5,000.00 per business day for consumerdeposit accounts.The current monthly dollar limit is $10,000.00 per any 30consecutive calendar day period for  consumer deposit accounts. There is no daily ormonthly limit on the number of items, as long as the respective dollar limitsare not exceeded.

PresentmentThe manner in which the items are processed shall be in Kinecta’s solediscretion, subject to the Agreements and Disclosures and Disclosure addenda governingyour Account.

Errors You agree to notify Kinectaof any suspected errors regarding items deposited through the Online Service immediatelyupon discovery of any such errors, and in no event later than 60 days after theapplicable Kinecta Account statement is sent. Unless you notify Kinecta within60 days, such statement regarding all deposits made through the Online Serviceshall be deemed correct, and you are prohibited from bringing a claim against Kinectafor such alleged error.

Errors in Transmission By using the Online Service you accept the risk that an itemmay be intercepted or misdirected during transmission. Kinecta bears noliability to you or others for any such intercepted or misdirected items orinformation disclosed through such errors.

Image Quality The image of an item transmitted to Kinecta using the Online Servicemust be legible, as determined in the sole discretion of Kinecta. Withoutlimiting the foregoing, the image quality of the items must comply with therequirements established from time-to-time by Kinecta, the Board of Governorsof the Federal Reserve Board, or any other regulatory agency, clearinghouse orassociation.

User Representations, Warranties and Indemnification You represent and warrant to Kinecta that:

You will only transmiteligible items.

You will not transmitduplicate items.

You will notre-deposit or re-present the original item.

All information youprovide to Kinecta is true and accurate.

You will comply withthis Agreement and all applicable rules, laws and regulations.

You are not aware ofany factor which may impair the collectability of the item. You agree toindemnify and hold harmless Kinecta from any loss resulting from a breach of anyof the aforementioned representations and warranties.

Account Information  Account informationprovided to you as part of the Mobile Banking Service is not the officialrecord of your account or its activity. Your account statement, furnished to you by Kinecta in a paper format,or electronically if you are enrolled in paperless statements service, willremain the official record.  The MobileBanking Service information is generally updated regularly, but is subject toadjustment and correction and therefore should not be relied upon by you fortaking, or forbearing to take, any action.

Cooperation with Investigations You agree to cooperate with Kinecta in theinvestigation of unusual transactions, poor quality transmissions, andresolution of customer claims, including by providing, upon request anyoriginals or copies of items deposited through the Online Service in yourpossession and your records relating to such items and transmissions at no costto Kinecta.

Termination Kinectamay terminate this Agreement at any time and for any reason. This Agreementshall remain in full force and effect unless and until it is terminated by Kinecta.Without limiting the foregoing, this Agreement may be terminated if you breachany term of this Agreement, if you use the Online Service for any unauthorizedor illegal purposes or you use the Online Service in a manner inconsistent withthe terms of your Agreements and Disclosures, as applicable to your Kinectaaccount(s).

You may terminate the Online Service at any time by removing theapplication from your device or contacting Kinecta at 800.854.9846.

Enforceability Kinecta may waive enforcement of any provision of thisAgreement. No waiver of a breach of this Agreement shall constitute a waiver ofany prior or subsequent breach of the Agreement. Any such waiver shall notaffect Kinecta’s rights with respect to any other transaction or to modify theterms of this Agreement. In the event that any provision of this Agreementshall be deemed to be invalid, illegal, or unenforceable to any extent, theremainder of the Agreement shall not be impaired or otherwise affected andshall continue to be valid and enforceable to the fullest extent permitted bylaw.

Ownership & License You agree that Kinecta retains all ownership and proprietaryrights in the Online Service, associated content, technology, and website(s).Your use of the Online Service is subject to and conditioned upon your completecompliance with this Agreement. Without limiting the effect of the foregoing,any breach of this Agreement will give Kinecta the right to immediately terminateyour right to use the Online Service. Without limiting the restriction of theforegoing, you may not use the Online Service (i) in any anti-competitive manner,(ii) for any purpose which would be contrary to Kinecta’s business interest, or(iii) to Kinecta’s actual or potential economic disadvantage in any aspect. Youmay only use the Online Service for non-business, personal use in accordancewith this Agreement. You may not copy, reproduce, distribute or createderivative works from the content and agree not to reverse engineer or reverse decompileany of the technology used to provide the Online Service.

DISCLAIMER OF WARRANTIES YOU AGREE YOUR USE OF THE ONLINE SERVICES AND ALL INFORMATIONAND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDEDON AN "AS IS" AND "AS AVAILABLE" BASIS. KINECTA DISCLAIMALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE SERVICE, WHETHER EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KINECTAMAKE NO WARRANTY THAT THE ONLINE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii)WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) WILL BE ACCURATE ORRELIABLE, AND (iv) ANY ERRORS IN THE ONLINE SERVICES OR TECHNOLOGY WILL BECORRECTED.

LIMITATION OF LIABILITY YOU AGREE THAT KINECTA WILL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHERLOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE ONLINE SERVICEINCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF,INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE ONLINE SERVICE,REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICTLIABILITY OR OTHERWISE), EVEN IF KINECTA HAS BEEN INFORMED OF THE POSSIBILITYTHEREOF.