Mobile Banking Terms & Conditions | Byline Bank

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Mobile Banking Enrollment Terms and Conditions

END USER TERMS

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

SECTION A

BYLINE BANK TERMS AND CONDITIONS

Thank you for using Byline Bank Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions please contact customer service at 773-244-7000.

Terms and Conditions

We may offer additional Mobile Banking services and features in the future. By enrolling in the Mobile Banking Service, you agree to all the terms and conditions contained in this Agreement and Disclosure. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law.

Definitions

As used in this Agreement and Mobile Banking services, the following words have the meanings given below:

“Account(s)” means your eligible Byline Bank checking, savings, loans, or certificate of deposit information and other Byline Bank products that can be accessed through Mobile Banking.

“Device” means a supportable mobile device including a cellular phone or other mobile device that is web enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.

“Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking.

“You and Your(s)”, mean each person with authorized access to your Account(s) who applies and uses the Mobile Banking service.

“We”, “Us” and “Bank” mean Byline Bank.

Mobile Banking Service

  1. Description of Service. Mobile Banking is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking service, you must be enrolled to use Online banking and then activate your Device within the Online banking system.
  2. Use of Service. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Device.
  3. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreement with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.

Any deposit account, loan or other banking products accessed through this service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosure carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.

Permitted Mobile Banking Transfers

  1. You may use the Services to transfer funds between your eligible Byline Bank accounts (“Internal Transfer”). You may not transfer to or from an Account at another financial institution using Mobile Banking.
  2. If you submit your transfer request prior to the deadline established by us for Mobile Banking transfer service, you will initiate an immediate internal Transfer via Mobile Banking. Transfer transaction requests received after 8:00pm CST on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank’s next business day.
  3. You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balance at our sole discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees.
  4. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
  5. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

Your Responsibilities

You represent and agree to the following by enrolling for Mobile Banking or by using the Service:

  1. Account Ownership/Accurate Information.You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to use in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
  2. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will ot be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
  3. Equipment and Software. Mobile devices with internet capabilities are susceptible to viruses. You are responsible for securing your Device used to access Moble Banking to ensure protection from and be free of viruses, worms, Trojan horses, or other similar harmful components (collectively, referred to as “viruses”), which could result in damage to programs, files, and/or your Device or could result in information being intercepted by a third party. We will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components being present on your Device, nor will we be responsible or liable if sensitive information accessed via Mobile Banking is intercepted by a third party due to any of the above named “viruses” residing or being contracted by your Device at any point or from any source.
  4. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
  5. No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
  6. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Byline Bank, it’s affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use or use by a third party, of Mobile Banking.

MOBILE DEPOSIT ADDENDUM

THIS MOBILE DEPOSIT ADDENDUM (this “Addendum”) sets forth the terms and conditions governing Mobile Deposit and is incorporated into and made part of the Retail Online Banking Agreement and Disclosure (the “Online Banking Agreement”). By selecting the “Accept” button at the end of this Addendum, you agree to the terms and conditions of this Addendum and that your use of Mobile Deposit is governed by the terms of this Addendum and the Online Banking Addendum. In the event of a conflict or inconsistency between this Addendum and the Online Banking Agreement, the terms of this Addendum will apply. All capitalized terms used but not defined in this Addendum shall have the meanings given to them in the Online Banking Agreement. This Addendum covers only Mobile Deposit and does not apply to other products or services offered by us.

  1. MOBILE DEPOSIT. Mobile Deposit is designed to allow you to make deposits to your mobile Accounts from home or other remote locations by taking pictures of your checks on your Mobile Device (a “Check Image“) and delivering the Check Image and associated deposit information to us (an “Electronic Check Deposit“).
  2. LIMITS. From time to time and in our sole discretion, we may establish limits or change limits on both the dollar amount and/or number of Electronic Check Deposits that you may make without notice. If you attempt an Electronic Check Deposit in excess of those limits, we may reject your Electronic Check Deposit. If we permit an Electronic Check Deposit in excess of those limits, such deposit will still be subject to the terms of this Addendum, and we will not be obligated to allow Electronic Check Deposits in excess of those limits at other times. The limits that currently apply to Mobile Deposit can be found in the FAQ section in the Online Service.
  3. ELIGIBLE ITEMS. You agree that you will only use Mobile Deposit to scan and deposit checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand) that meet all of the following requirements:
    • The check must be payable on demand and drawn on and payable in U.S. dollars at a financial institution whose corporate headquarters is located in the United States;
    • The check must not be dated more than six (6) months prior to the date you submit the Check Image;
    • The check must be endorsed as described in Section IV;
    • The check must not have been previously deposited with any financial institution, or deposited to an account or any other prepaid account or used as a source document for any electronic image that has been transmitted to any financial institution;
    • The check cannot be future or post-dated; and
    • The check otherwise complies with the terms of this Addendum.

You may not image and deposit any of the following types of checks:

    • Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution, regardless of whether such check was honored.
    • Checks payable to any person or entity other than you or a joint owner on the Account (i.e., payable to another party and then endorsed to you).
    • Checks payable to you and another party who is not a joint owner on the Account.
    • Checks that contain evidence of alteration, or that 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 prohibited by our current policies and procedures or which are otherwise not acceptable under the applicable Account Disclosure.

Checks previously converted to a substitute check (as defined in Regulation CC).

    • Checks payable on sight or payable through drafts (as defined in Regulation CC).
    • Checks that are remotely created checks (as defined in Regulation CC).
  1. ENDORSEMENTS AND PROCEDURES.. You must endorse any check transmitted through Mobile Deposit. As part of your endorsement, you should include: “For mobile deposit only at Byline Bank # ” or language otherwise provided by us.Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check. You agree to follow any and all other procedures and instructions for use of Mobile Deposits as we may establish from time to time.
    We are not responsible for any loss that you may incur from a delay or processing error resulting from an irregular endorsement or other markings
  2. LEGIBILITY REQUIREMENTS. The Check Image transmitted to us through Mobile Deposit must be legible, as determined in our sole discretion. Each Check Image must show all four corners of the check and provide all information on the front and back of the original check at the time presented to you by the drawer, including information about the drawer and the paying bank that is preprinted on the original check, magnetic ink character recognition information at the bottom of the check, signature(s), any required identification written on the front of the check and any endorsements applied to the back of the check. The Check Image quality must also meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. These standards may change from time to time, and you are solely responsible for ensuring that the Check Image meets all applicable standards.
  3. RECEIPT OF CHECK IMAGES. All Electronic Check Deposits will be treated as “deposits” under your current Account Disclosure with us and will be subject to all terms of the Account Disclosure. When you initiate an Electronic Check Deposit the Deposit may require additional review by the Bank. In instances where additional review by the Bank is not required for the Electronic Check Deposit you will receive immediate on screen confirmation and will have the option to send that confirmation to yourself via email. When the Electronic Check Deposit requires review by the Bank we will confirm receipt via email and shall not be deemed to have received an Electronic Check Deposit until we have confirmed receipt. Confirmation of receipt does not mean that the Electronic Check Deposit contains no errors or will be considered a deposit and credited to your Account. We are not responsible for checks or Check Images we do not receive or for Check Images that are dropped during transmission. Following receipt, we may process Electronic Check Deposits by preparing a “substitute check” or clearing the item as an image. The manner in which the checks are cleared, presented for payment, and collected shall be in our sole discretion, subject to the Account Disclosure governing your Account.
    We reserve the right, at our sole and absolute discretion, to reject any check transmitted through Mobile Deposit without incurring any liability to you.
  4. RETURNED DEPOSITS. Any credit to your account for an Electronic Check Deposit is provisional. If an original check deposited through Mobile Deposit does not qualify as an eligible item or is subsequently dishonored, rejected or otherwise returned unpaid for any reason, you agree that an original check will not be returned to you and that we may debit your Account the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all losses, costs, damages or expenses caused by or relating to the processing of the returned item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check through Mobile Deposit if it has been charged back to you.
  5. TREATMENT OF ORIGINAL CHECKS.After you receive confirmation that we have received an Electronic Check Deposit, you must securely store the original check for ninety (90) days. Upon our request, you will deliver to us within ten (10) days, at your expense, the original check. If the original check is not provided within ten (10) days, the amount of the Electronic Check Deposit will be debited from your Account. If we have not requested the original check, you must destroy the original check immediately following the expiration of the ninety (90) day period by marking it VOID and destroying it by cross-cut shredding or another commercially acceptable means of destruction.
  6. YOUR WARRANTIES. In addition to the other representations and warranties contained in this Addendum, by using Mobile Deposit and sending us Check Images for deposit to your Account, you represent and warrant to us that:
    • You will only transmit eligible checks;
    • Each Check Image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
    • The check sent to us as a Check Image is current and, was at the time of its creation, a bona fide and existing obligation of the drawer, free and clear of all security interests, liens and claims whatsoever of third parties and is not now nor has it ever been declared in default;
    • You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
    • Except as required by this Addendum, there are no other duplicate images of the original check and you will not transmit duplicate checks.
    • The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check and the documentation under which the check is payable authorizes the payee to charge and collect monies owed.
    • You have possession of the original check and no party, including you, will submit the original check for payment, except as otherwise required by this Addendum.
    • All information you provide to us is true and accurate.
    • You will only use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations and that you have handled the original checks in accordance with all applicable laws, rules and regulations.
    • You are not aware of any factor which may impair the collectability of the check.

With respect to each Check Image, you also make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no known viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

  1. ERRORS IN TRANSMISSION. By using Mobile Deposit, you accept the risk that a Check Image may be intercepted or misdirected during transmission. We bear no liability to you or others for any such intercepted or misdirected checks or information disclosed through such errors.
  2. COOPERATION WITH INVESTIGATIONS. By using Mobile Deposit, you agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of checks deposited through Mobile Deposit in your possession and your records relating to such checks and transmissions.
  3. FUNDS AVAILABILITY. Electronic Check Deposits that are confirmed received before 8:00PM Central Standard Time on a Business Day will be credited to your account on that Business Day. Electronic Check Deposits confirmed received after 8:00PM Central Standard Time on a Business Day may be credited to your account on that Business Day. Deposits confirmed received on a non-Business Day, will be credited to your Account on the following Business Day. Please refer to your Personal or Business Account Disclosure, as applicable, for Funds Availability.
  4. INDEMNIFICATION. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of Mobile Deposit and/or breach of this Addendum. You understand and agree that you are also required to indemnify our technology partners, including but not limited to FIS, and hold harmless FIS, its affiliates, officers, employees and agents, against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to our or your use of the Services, unless such claim directly results from an action or omission made by FIS in bad faith. You understand and agree that this paragraph shall survive the termination of this Addendum.
  5. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE MOBILE DEPOSIT INCURRED BY YOU OR ANY THIRD PARTY, OR COSTS OR ATTORNEY’S FEES INCURRED IN ANY CLAIM OR SUIT, ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF MOBILE DEPOSIT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAD BEEN INFORMED OF THE POSSIBILITY THEREOF.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

    • 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”).
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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 C

Zelle Network® Standard Terms

  1. Description of Services

a. We have partnered with the ZelleNetwork (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks.”

b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.

c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

  1. Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this [Agreement] and the Bank’s Personal Account Disclosure as amended from time to time. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

We have the right to amend the terms of this agreement at any time. By continuing to use Zelle, you agree to the updated agreement which will be effective without notice to you.

Only Byline Bank issued debit cards will be allowed to enroll.

  1. Consent to Share Personal Information (Including Account Information)

By agreeing to these Standard Terms, you are consenting to the sharing of your personal information by Byline Bank to the ZelleNetwork® Operator.

You authorize each Participating Financial Institution to use your personal information to process and route transactions to and from your deposit accounts. You irrevocably waive any provision of our Privacy Notice which would prevent us from providing this information in connection with any transaction to which you are a party.

  1. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy at https://www.bylinebank.com/privacy-notice ,which is incorporated into and made a part of this agreement by this reference.

  1. Wireless Operator Data

We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT & T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle’s Privacy Policy and Byline Bank’s Privacy Policy  for how it treats your data.

  1. Enrolling for the Service

a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). [Participant may omit the parenthetical examples.] You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.

b. Once enrolled, you may:

i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and

ii receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”

  1. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this [Agreement]. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.

c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.

d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.

e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 773-244-7000. You expressly consent to receipt of a text message to confirm your “STOP” request.

  1. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this [Agreement] and the procedures of the business or government agency that is sending you the payment.

  1. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

  1. Liability

Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR

SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

  1. Send Limits

We may establish limits on the dollar amount allowed from time to time

  1. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we or Zelle accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this [Agreement], you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle and Network Banks, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

  1. Transaction Errors

In case of errors or questions about your Electronic Transfers, please telephone the Bank at 773-244-7000 during normal business hours. To report a lost or stolen ATM or MasterCard® Debit Card, please follow your TeleBanker message instructions or call the after-hours number at (800)236-2442. Additionally, to report a lost or compromised password to your accounts online, please dial the Bank Online Banking Support number at 773-244-7000. The hours for support are 7:00am–8:00pm Monday – Friday and 8:00am–5:00pm on Saturday. If you have any other questions having to do with automated withdrawals from your account, you may contact us at the address or phone number listed at the end of this document. Contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on it. We must hear from you no later than 60 calendar days after we send the FIRST statement on which the problem or error appeared. Please report the following:

1. Your name and account number.

2. The error or transfer you are unsure about and explain as clearly as possible why you believe it is an error or why you need more information.

3. The dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-ini­tiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error. We will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  1. Your Liability for Unauthorized Transfers

Tell us at once if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit) if the loss is not reported within 60 days. If you tell us promptly (within two business days) after you learn of the loss or theft of your Card or PIN, you have zero liability if someone used your Card or PIN without your permission and the following condition is met:

The Cardholder has exercised reasonable care in safeguarding such Card from risk or loss or theft.

If the above condition is not met, you can lose no more than $50 per occurrence. If you do not tell us within two business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by Card or PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

  1. Liability for Failure to Complete Transfers

If we do not complete a transfer to or from your account on time or in the correct amount, according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance:

1. If, through no fault of ours, you do not have enough available funds in your account to make the payment and/or transfer;

2. If you have money in your account but the funds are subject to legal process or encum­brance;

3. If the transfer would go over your credit limit (or the amount in your account) or your overdraft line established with us;

4. If the terms of your account limit the number of payments and transfers which may be made during a statement cycle;

5. An electronic terminal has insufficient cash to complete the transaction;

6. The services, your equipment, the software, or any communications link is not working properly and you know or have been advised by us about the malfunction before you started the transaction;

7. If, despite reasonable precautions, circumstances beyond our control (such as fire or flood), prevent the transfer.

There may be other exceptions stated in our agreement with you and you should be familiar with them.

  1. Fees

Currently there are no fees associated with Zelle. This is subject to change. If this changes we will notify you through an updated Product and Service Fee Schedule. Please refer to the Product and Service Fee Schedule within your account disclosure for standard fees that apply to your account.

  1. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Retail Online Banking Terms and Conditions, , which are available at bylinebank.com/personal-online-banking-terms and bylinebank.com/personal-mobile-banking-terms and incorporated into and made part of this agreement by this reference.

  1. Cancellation of the Service

If you wish to cancel the Service, please contact Customer Solutions at (773)244-7000 or send us cancellation instructions in writing by postal mail to Byline Bank 180 N LaSalle Ste 400, Chicago, IL 60601. Your access to the Service will be suspended within 3 business days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

  1. Right to Terminate Access

Unless otherwise restricted by applicable law, may terminate or limit this Agreement and/or your access to the Service, in whole or in part, at any time without notice to you if you do not pay any fee required and when due, if you have insufficient funds in any one of your accounts, if you do not comply with this Agreement and any others governing your accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate or limit this Agreement or your use of the Service for any other reason. Access to the Service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control. You may request reinstatement of the Service by calling at 773-244-7000.

  1. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE AND NETWORK BANKS MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE AND NETWORK BANKS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE AND NETWORK BANKS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  1. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

  1. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this agreement.

  1. Governing Law; Choice of Law; Severability

These rules shall be governed by, interpreted under and construed in accordance with the laws of the State of Illinois, without regard to any state conflict of law provisions. To the extent that the terms of these rules conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. These rules shall also be governed by applicable Federal law.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these rules.

  1. Miscellaneous

Subject to the terms of this [Agreement], the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

Last modified on 8/12/2019