Mobile Banking Agreement

MWABank Mobile Banking Enrollment Terms and Conditions


End User Terms

This service is provided to you by MWABank and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and MWABank. Section B of these End User Terms is a legal agreement between you and the Licensor.

Section A

MWABank Terms and Conditions

Thank you for using MWABank Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at anytime. In case of questions please contact customer service at questions@mwabank.com or call 1.877.255.2265.

Terms and Conditions

1. Text Messaging Services Fees and Other Charges . The text messaging 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 MWABank. 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 services.

2. Text Messaging Services Content . The text messaging services are provided by MWABank and not by any other third party. You and MWABank are solely responsible for the content transmitted through the text messages sent to and from MWABank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)

3. Mobile Express Deposit . The Mobile Express Deposit services are designed to allow you to make deposits to your accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. The device must capture an image of the entire front and back of each check to be deposited in accordance with the Check Acceptance Guidelines; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.

4. Mobile Express Deposit Limits . The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of checks that you may transmit through Mobile Express Deposit each day) and to modify such limits from time to time in the Bank's sole discretion, and you agree to comply with all such limits.

Please reference the Bank's Terms and Conditions for more information about funds availability and any fees for Mobile Express Deposit. You can obtain a copy by calling 877-255-2265, or visit www.mwabank.com .

5. Modern Woodmen Bank People Pay Service - P2P (Person-to-Person) Payments . Modern Woodmen Bank People Pay Service means the service which allows you to send funds to an outside email or cell phone number with instructions for the recipient detailing options available to receive the funds and how to finalize processing of the transaction. The recipient determines the bank and account information and how the funds will be processed. Options for processing the transaction are via Paypal or through the Automated Clearing House (ACH) network.

6. Modern Woodmen Bank People Pay Service - Eligible Account Types . Checking and/or savings account(s) are eligible for use of this service. This does not include Dollars and Sense Savings Accounts or Qualified Savings Accounts. In addition, this service is not currently available for any Commercial or Fraternal account types.

Any account accessed through this service is so subject to the Terms and Conditions of Your Accounts , which you should review carefully, as it may include transaction limitations and fees which might apply to your use of Modern Woodmen Bank People Pay Service.

7. Modern Woodmen Bank People Pay Service - Transaction Limits . The Bank reserves the right to establish and assign to you transaction limits (for both volume and dollar limits) for this service and to modify such limits from time to time in the Bank’s sole discretion , and you agree to comply with all such limits. There are no transaction limitations for the number of payments you may setup. There is no minimum dollar amount per transaction. The maximum per transaction dollar limit is $2,000.00 and the daily total dollar limit is $4,000.00.

Section B

End User License Agreement Terms For The Downloadable APP

Acceptance required by End User Prior to Use of 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 Florida 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 Florida 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.