General Bank Account Terms

Regulatory Relationship

The Bank provides the Bank Services through a bank-partnered model. The Bank is the regulated financial institution and is responsible for compliance with applicable banking laws and regulations. Any Platform acts solely as a service provider and program manager. Nothing in this Agreement creates a partnership, joint venture, fiduciary, or agency relationship between the parties.

Opening a Bank Account

The Bank may establish a Bank Account for you, after you, or someone you authorize to act on your behalf, completes the Bank’s account opening and due diligence requirements to the Bank’s satisfaction. Bank Account functionality will be limited until the account holder has submitted, and we have reviewed and approved all required information. The classification and form of ownership of a Bank Account is designated during account setup. The Bank will rely on this designation for all purposes concerning the Bank Account unless and until updated in accordance with Bank procedures. If you establish the Bank Account and agree to this Bank Agreement through a Platform, you authorize the Bank to rely on instructions transmitted by the Platform (whether electronic, written or oral) in accordance with this Bank Agreement and the applicable Platform agreement and you agree that the Bank may completely rely on such instructions without further investigation or authorization from you. For the purposes of collecting information from you and authorizing, authenticating and completing disbursements from the Bank Account, With the exception if a court Platform will be acting as an agent for the Bank. You acknowledge and expressly agree to the Platform’s acting as both your agent and as the agent for the Bank for purposes of this Bank Agreement. You hereby waive any conflict resulting from such relationships.

Bank Accounts

Business Bank Account: Subject to the Bank’s customer identification and beneficial ownership procedures, the Bank may allow a Bank Account to be opened for a business (including a corporation, limited liability company, limited partnership, or other similar legal entity) to be used for commercial purposes (each, a “Business Bank Account”). A Business Bank Account may not be used for personal, family or household purposes. You will need to provide additional due diligence information for the Bank to approve the establishment of a Business Bank Account. You will provide responses acceptable in form and substance to the Bank. You may designate the authorized persons to execute any documents and transactions in connection with a Business Bank Account held at the Bank. The Bank will treat each designated person as authorized to transact on the Bank Account until the Bank receives notice that the authorized person does not have authority. You agree to notify Bank of a change in your form of organization, a change in the ownership of the equity interests therein or changes in the authority of any person authorized to act with respect to a Business Bank Account or any transactions relating to it.

IMPORTANT INFORMATION ABOUT OPENING A LEGAL ENTITY ACCOUNT

Effective May 11, 2018, new rules under the Bank Secrecy Act will aid the government in the fight against crimes to evade financial measures designed to combat terrorism and other national security threats. EACH time an account is opened for a covered Legal Entity, we are required to ask you for identifying information (name, address, date of birth, social security number as well as identification documents) for: Each individual that has beneficial ownership (25% or more); and, One individual that has significant managerial control, of the Legal Entity.

If you are opening an account on behalf of a Legal Entity, you will be required to provide the appropriate documentation and to certify that this information is true and accurate to the best of your knowledge. We proudly support all efforts to protect and maintain the security of our customers and our country.

Information Verification

The Bank may periodically require additional information from you so the Bank can monitor the Bank Account and comply with its obligations under applicable law, including, but not limited to, information necessary to confirm your identity, to confirm compliance with this Bank Agreement, or to assess the risk associated with the Bank Account or your business. The Bank may suspend or terminate the Bank Account and your use of the Bank Services at any time in its sole discretion.

The Bank is legally required to reject or block transactions or funds of certain individuals and entities in compliance with Office of Foreign Asset Control (“OFAC”) sanctions. You may not apply for a Bank Account if you are a prohibited individual or entity under any of the sanctions programs administered or enforced by OFAC or other applicable laws, or any of the Bank’s related policies. The Bank may freeze or reject any transaction it reasonably believes violates any of the OFAC sanctions programs, other applicable laws, or any of the Bank’s related policies. The Bank is not responsible for and has no liability for any resulting unavailability of funds or related consequences. Federal law also requires the Bank to obtain, verify, and record information about the beneficial ownership of depositors that are business customers. In connection with each Business Bank Account, the Bank may require you to provide information and documentation about the ultimate individual beneficial owners and anyone else with significant responsibility for managing the business and require you to execute and provide such resolutions, certifications, or other documentation as the Bank may require from time to time to comply with these federal law requirements.

If you are opening a Business Bank Account titled in a business entity’s name, you represent that you have the authority to open and conduct business on the Bank Account on behalf of the entity titled on the Business Bank Account. The Bank may require the governing body of the entity opening the Bank Account to provide a separate resolution or other form of authorization identifying who is authorized to act on its behalf. The Bank will honor the authorization until receiving written notice of a change from the governing body of the entity in a form acceptable to the Bank.

You will notify the Bank of any change to your legal name, phone number, mailing address, and email address, as well as the death of a Bank Account owner. For Business Bank Accounts, you agree to notify the Bank of changes in your beneficial ownership information. End User authorizes the Bank and their service providers to collect, verify, and monitor information relating to the End User and its authorized user for purposes of identity verification, fraud prevention, regulatory compliance, and ongoing account monitoring. The End User acknowledges that the Bank may access or receive nonpublic information as needed to disclose information to a government agency or with an audited third party. End User acknowledges that the Bank may monitor activity, review records, and disclose information as necessary to comply with applicable law, regulatory examinations, audits, supervisory requests, or legal process.

Fees and Interest

The Bank Account is a no-fee, demand deposit account held with the Bank. However, Platforms may charge you a separate technology fee for the Platform’s own services and subject to your separate Platform agreement where applicable. Your agreement with the Platform will disclose the technology fees and the payment terms.

Bank Accounts opened through a Platform do not accrue interest.

Deposits and Withdrawals

You may deposit funds into the Bank Account, including by transferring funds from an external account at another bank or by utilizing remote deposit capture as described below. The Bank may refuse any deposit. You may not make a deposit to the Bank Account by sending the Bank cash or checks in the mail nor at a physical branch location. You may only deposit checks: (i) if you are approved by the Bank to use our remote deposit capture service and (ii) in accordance with the terms of this Bank Agreement. The Bank is not liable for any deposits, including cash, which are lost in the mail or otherwise not received by the Bank. The Bank generally does not accept deposits in foreign currency. To the extent identifiable, any deposits received by the Bank that the Bank does not accept for deposit into the Bank Account will be returned. You may withdraw funds, and they may be used to make payments you have authorized after the funds are available in the Bank Account.

We may process deposits and withdrawals to or from the Bank Account in any order permitted by law. We use your available balance to determine whether to approve or decline a transaction. Your available balance may include or exclude pending transactions, debit holds, or incoming deposits that have not yet settled.

An overdraft occurs when the Bank Account does not have sufficient funds to fund a transaction, but the Bank pays it anyway. You are responsible for ensuring that there are sufficient available funds in the Bank Account to cover any transactions you authorize. The Bank, at its discretion, may choose to pay items that overdraw the account. If the Bank pays an overdraft, you must immediately deposit sufficient funds to cover the overdraft. If the Bank does not pay an overdraft, your transaction will be declined.

Check Deposits: You may be allowed to deposit checks to the Bank Account from a mobile device or computer by taking a picture of the check and transmitting it to the Bank for deposit (“Remote Deposit Capture”). The terms and conditions of your use of this check deposit feature are set forth below:

• Eligible items. You agree to scan and deposit only checks as that term is defined in Reg CC. You agree that the image of the check transmitted to the Bank shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code and that the terms “check” and “item” will be used interchangeably herein.
• You agree to scan and deposit only the following types of checks:
  • Personal checks
  • Business checks
  • Government or treasury checks
  • Cashier’s checks
• You agree that you will not scan and deposit any checks or other items as shown below unless otherwise agreed:
  • Checks or items drawn or otherwise issued by you or any other person on any of the accounts or any account on which you are an authorized signer or joint account holder.
  • Checks with multiple payees.
  • Money orders.
  • Checks or items payable to any person or entity other than you.
  • Traveler’s checks.
  • Checks or items containing obvious alteration to any of the fields 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 or item is drawn.
  • Checks or items previously converted to a substitute check, as defined in Reg CC.
  • Checks or items drawn on a financial institution located outside the United States
  • Checks or items not payable in United States currency.
  • Checks or items dated more than six (6) months prior to the date of deposit.
  • Checks or items prohibited by the Bank’s current procedures relating to the Bank Account or which are otherwise not acceptable under the terms of your Bank Account.
• Note that any check that you attempt to deposit using Remote Deposit Capture is subject to verification by the Bank. We may reject an item for deposit for any reason and will not be liable to you.
• Image Quality. The image of an item transmitted to the Bank must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, or clearing house association. (The Bank reserves the right to reject any check image that is not clear, that is skewed, or that is suspicious in any manner.)
• Endorsement. You agree to endorse all items captured and submitted using the Remote Deposit Service. Items must be payable to, and endorsed by, the account owner for the Eligible Account before check photos are taken and the back of the check signed with following: “For Mobile Deposit Only Core Bank” and your signature.

You agree to follow any and all other procedures and instructions as the Bank may establish from time to time.

• Receipt of Items. We reserve the right to reject any item transmitted for deposit, at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
• Items Returned Unpaid. A notice will be sent to you of transactions we are unable to process because of returned checks. With respect to any check that is transmitted by you for remote deposit that is credited to the Bank Account, in the event such check is dishonored, you authorize us to debit the amount of such check from the Bank Account.
• Disposal of Transmitted Items. Upon your receipt of a confirmation from the Bank that we have received the image of any item, you agree to prominently mark the item as “Electronically Presented” or “Scanned”. You should store the check in a secure location for 30 days. After 30 days, and after you have confirmed the deposited funds have been applied to the Bank Account correctly, you must destroy the check to ensure that it is not represented for payment. And you agree never to represent or separately deposit the original retained check. You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for Bank’s audit purposes.
• Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of check deposits that you transmit and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, such deposits are still subject to the terms of this Bank Agreement, and we will not be obligated to allow such a deposit at other times.
• Changes/Removal of Service. We may, in our sole discretion, modify, add or remove portions of the service or end the service at any time without notice. We may turn off the service to you if we suspect fraud, if you misuse this check deposit feature, have excessive overdrafts or returned checks or for other reasons at our sole discretion.
• Business Day and Availability Disclosure. You understand the remote deposit function is available Monday through Friday between 8:30 a.m. to 5:00 p.m., Eastern Time, except during holidays, any other day we are not open for business, or such other hours as established by us from time to time. Transmissions of check images for deposit submitted outside of these business hours on a Business Day, or on any other day that is not a Business Day are treated as occurring on the next Business Day.
• Hardware and Software. In order to access the Bank Services, you must obtain and maintain, at your expense, compatible hardware and software as required. The Bank is not responsible for any third-party software you may need to access the Bank Services.

In the event that you believe there has been an error with respect to any original check or image thereof transmitted to us for deposit, you will immediately contact the platform regarding such error as set forth below:

• Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion subject to other terms governing the Bank Account.
• Your use of the check deposit service is subject to and conditioned upon your complete compliance with this Bank Agreement. Without limiting the restriction of the foregoing, you may not use the check deposit service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Bank’s business interest, or (iii) to Bank’s actual or potential economic disadvantage in any aspect.
• We may change the terms and charges for the check deposit service by notifying you of such a change. Your use of the check deposit service after receipt of notification of any change by us constitutes your acceptance of the change.
• At our sole discretion, we may revoke your privilege of using the check deposit service at any time and for any reason. In the event of termination of the check deposit service, you will remain liable for all obligations relating to checks deposited prior to the termination date.
• User warranties and indemnification. You warrant to the Bank that: (i) you will only transmit eligible checks; (ii) check images will meet the image quality standards; (iii) you will not transmit duplicate checks; (iv) you will not deposit or represent the original check; (v) all information you provide to Bank is accurate and true; and (vi) you will comply with this Bank Agreement and all applicable rules, laws and regulations. You further agree to indemnify and hold harmless the Bank from any loss for breach of the foregoing representations and warranties.

Limitations on Transfers & Transaction Risk

There is no limit on the number of withdrawals you can make. The Bank may impose daily limits on the dollar amount of withdrawals you make from the Bank Account through an ATM, ITM, or at a point of sale. These limitations may not always be in force. You will not be able to use your Card if the Bank Account is closed, blocked, or suspended for any reason. The Bank may take steps to protect itself if the Bank determines you or your activities create a risk, including any of the following:

• The Bank may impose limits on the aggregate amount of credit or debit entries (“Entries”) that you may originate through our ACH services, taking into account the total dollar amount of entries transmitted, frequency of origination, and payment application originated by you (“Exposure Limits”). Upon request, the Bank will disclose the initial Exposure Limits to you. You agree you will not transmit Entries that would cause you to exceed the Exposure Limits.
• If you use the Bank Account to initiate or receive payments, you agree to follow any security or verification steps we require. The Bank may decline to execute or delay processing of a transaction if it cannot verify its legitimacy, or if it determines the transaction poses unacceptable risk.
• The Bank may, upon notice to you, require you to maintain reserve balances in one or more Bank Accounts in an amount set by the Bank.
• The Bank may require you to provide appropriate information to enable the Bank to assess the risk associated with providing services to you through the Bank Services. The Bank reserves the right to designate or terminate Entry classes that the Bank will process for you.
• The Bank may hold back a percentage of reserves after termination of the Bank Services to cover any trailing transaction and charge back obligations as determined in the Bank’s discretion.
• The Bank may require general liability, Director & Officer, Errors & Omissions, or other types of insurance coverage as a requirement to access the Bank Services.

Limitations on Transferring Ownership of a Bank Account

This Section applies to you solely if you are considered the Bank Account owner. You may not assign or transfer ownership of the Bank Account without obtaining the Bank’s prior written approval. You may not grant a security interest in funds held in the Bank Account to any other creditor without obtaining the Bank’s prior written approval, which the Bank has the right to withhold for any or no reason. If any ownership interest in a Bank Account is proposed to be transferred or if there is any change in Bank Account title, the Bank may require that the Bank Account be closed, and a new Bank Account be opened.

Statements

Periodic statements will be made available to you by the Bank, through the Increase Services, or through the Platform (as applicable).

You must examine your statement of account with reasonable promptness and report any errors or discrepancies to the Bank. If you discover (or reasonably should have discovered) any unauthorized activity, you must promptly notify the Bank of the relevant facts. As between you and the Bank, if you fail to do either of these duties, you will have to either share the loss with us or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized activity. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized activity in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 30-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this Section.

In addition to your duty to review your statements for unauthorized activity, alterations, and forgeries, you agree to examine your statement with reasonable promptness for any other error or discrepancies – such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing endorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.

Duty to Notify if Statement Not Received – You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your Bank Account, such as possible fraud or identity theft.

If you make a claim asserting an unauthorized transaction or similar issues with your Bank Account, or if the Bank suspects that the Bank Account may be compromised, the Bank may close the Bank Account or require the use of fraud prevention tools offered by the Bank. For Business Bank Accounts only, if you decline to close the Bank Account or use fraud prevention tools following a recommendation of the Bank and instead continue to utilize the same, you agree and will enter into an indemnification agreement that the Bank will not be liable to you for subsequent losses or damages on the Bank Account due to unauthorized activity.

Right of Setoff and Security Interest

We may (without prior notice and when permitted by law) set off the funds in the Bank Accounts against any due and payable debt any of you owe us now or in the future. If a Bank Account is owned by one or more of you as individuals, we may set off any funds in the Bank Account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.

This right of setoff does not apply to a Bank Account if prohibited by law. For example, the right of setoff does not apply to a Bank Account if: (i) it is an Individual Retirement Account or similar tax-deferred retirement account, or (ii) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (iii) the debtor’s right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against the Bank Account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

Legal Process Against Your Bank Account

You agree that the Bank may comply with any legal process, such as an attachment, garnishment, levy or seizure, or subpoena, related to the Bank Account. The Bank may limit your ability to make withdrawals from the Bank Account until the legal process is resolved. The Bank is not liable to you for any sums the Bank may be required to pay because of any legal process. The Bank is not required to determine whether the court issuing the legal process had jurisdiction over you or over the Bank Account or otherwise had the authority to issue the legal process. Any payment the Bank makes is subject to the Bank’s right of offset and the Bank may first satisfy any debts you owe to the Bank. If the Bank incurs any expenses in responding to any legal process that are not otherwise reimbursed, the Bank may charge such expenses to the Bank Account without prior notice to you.

If the Bank is required for any reason to reimburse the government for all or any portion of a benefit payment that was directly deposited into the Bank Account, you authorize the Bank to deduct the amount of your and the Bank’s liability to the government from the Bank Account, without prior notice and at any time, except as prohibited by law. The Bank may also use any other legal remedy to recover the amount of the Bank’s liability.

Unclaimed Property

If you have not had any activity and have not communicated with the Bank for a period of time as defined by state law, state law may consider the Bank Account unclaimed property. In those cases, the Bank may surrender the funds in the Bank Account to the state, typically to the state of the address on file. The Bank is not responsible for the funds after the Bank surrenders them. You may be able to reclaim them from the state.

Closing Your Bank Account

The Bank Account owner may close the Bank Account at any time by notifying us or platform. Items presented for payment after the Bank Account is closed may be dishonored. When the Bank Account owner closes the Bank Account, the Bank Account owner is responsible for leaving enough money in the Bank Account to cover any outstanding items to be paid from the Bank Account. The Bank may close the Bank Account at any time. If the Bank closes the Bank Account with a balance, the Bank will notify the Bank Account owner of the action and send the remaining funds by mailed check or other means to the Bank Account owner, less any amounts due for pending transactions. In either case, the Bank may require the Bank Account owner to hold an amount of funds in the Bank Account that the Bank reasonably believes necessary to cover such outstanding items. If the Bank closes the Bank Account because of suspected fraudulent or illegal activity, the Bank may freeze access to the funds and close the Bank Account.

Placement of Your Funds at Other Insured Institutions

Funds in the Bank Account are primarily held at the Bank and are covered by Federal Deposit Insurance Corporation (“FDIC”) insurance. The FDIC insures deposits up to a maximum amount per depositor, per FDIC-insured bank, per account ownership category. An individual account, a joint account, and a corporate account are examples of different account ownership categories. The current applicable threshold is $250,000, but the FDIC can change the threshold at any time. Funds that are owned by a business that is a “sole proprietorship” and deposited in the name of the business are treated as the individual Bank Account of the person who is the sole proprietor. They are added to other individual Bank Accounts of that person for purposes of calculating the applicable FDIC limit. Simply opening more than one Bank Account in the same name or names does not increase the amount of deposit insurance.

The Bank may move some or all of the funds from the Bank Account at the Bank and place them into different accounts at one or more other FDIC-insured banks (a “Destination Institution”). By agreeing to this Bank Agreement, you are authorizing the Bank to act as your agent and custodian to deposit your funds with one or more FDIC-insured banks. You understand and authorize the Bank to hold and act as your custodian with respect to all deposit accounts, including all time deposits, money market deposit accounts, and demand deposit accounts, issued or established for funds of yours placed as deposits at FDIC-insured banks and all your security entitlements and other related interests and assets with respect to the accounts. You understand and agree that deposits the Bank places for you will be “deposits,” as defined by federal law. Each account, including the principal balance and the accrued interest, will be a deposit obligation solely of the bank at which it is held, and not an obligation of the Bank. As your custodian, the Bank may (i) cause the accounts to be titled in its name or in the name of its sub-custodian, (ii) collect for your account all interest and other payments of income or principal pertaining to the accounts, (iii) endorse on your behalf any check or other instrument received for your account that requires endorsement, (iv) in accordance with your instructions, deposit your funds in, or withdraw your funds from, the accounts, (v) in accordance with your instructions, deliver or transfer funds from another account to the account or deliver or transfer funds from the accounts to another account, and (vi) take such other actions as are customary or necessary to effectuate the purposes of this Agreement. You understand that participating banks, under applicable federal regulations, may reserve the right to require a seven (7) day notice before permitting a transfer of funds out of certain deposit accounts. You also acknowledge and agree that the banks or deposit network may pay the Bank a fee equal to or based on a percentage of your balance in the account and that such fee will be earned by and belong to the Bank.

The Bank may require, and you agree to sign, one or more additional deposit placement, custodial or other agreements required by either a Bank or a deposit network or other service utilized by the Bank to help manage deposit insurance coverage. Your deposits may be placed in increments not to exceed the standard maximum amount covered by the FDIC (“SMDIA”) at any one bank Funds at any bank are also protected by FDIC deposit insurance subject to SMDIA. However, if you already have an account at a bank, the amount of money you deposit through us will be combined with the funds you deposited at the bank when considering the maximum FDIC coverage of $250,000 per depositor, per FDIC-insured bank. If the combined amount exceeds $250,000, and FDIC insurance does not cover the excess amount, you may lose that amount if a bank fails. You must make any necessary arrangements to protect such balances consistent with applicable law and must determine whether placement through a bank satisfies any restrictions on its deposits. We will provide you with a list of all banks or access to a platform or website listing such banks, and you agree to notify us if you do not wish for us to deposit any of your funds at a specific bank. You must update your designation of ineligible banks if your banking relationships change.

Checks

Not all Bank Accounts will have check writing privileges. If you are permitted to use checks drawn on the Bank Account, the terms set forth shall apply. Check payment is highly automated, and the Bank processes many checks every day. Although the Bank may inspect some checks, you agree that reasonable commercial standards don’t require the Bank to do so.

The Bank may or may not pay a check with a date more than six months in the past also referred to as stale-dated, at our discretion. If you do not want the Bank to pay an old check from the Bank Account, you must place a stop payment order. If the Bank pays it, you will be responsible for the check.

You agree not to write a check with a date in the future or postdate a check. If the Bank is presented with a check that you wrote that has a date in the future, the Bank may or may not pay it before the date on the check, in the Bank’s discretion. If the Bank pays it, you will be responsible for the check.

You agree not to write a check that tries to limit the time or method of payment with a condition, such as “Void after 120 days” or “Valid only for $1,000 or less.” Because the Bank uses an automated system to process checks, the Bank can’t inspect every check.

The Bank is not required to comply with any multiple-signature requirement, even if you have otherwise instructed the Bank to do so.

You agree not to deposit a check payable to multiple payees unless all payees have endorsed such check. If you write a check payable to multiple payees, you agree that the Bank may pay the check to any of the payees in possession of the check.

Unless you make advance arrangements, the Bank may or may not pay your checks with facsimile signatures, at the Bank’s discretion. If you file a facsimile signature specimen and the Bank agrees to honor checks with that facsimile signature, you authorize the Bank, at any time, to charge you for all orders that are drawn on the Bank using that signature. If you suspect that your facsimile signature is being or has been misused, you must notify the Bank at once.

If a check is returned to you because the Bank believes it doesn’t match your signature on file, the Bank is not liable to you even if you authorized the check. If the numeric amount on a check doesn’t match the amount written out in words, the Bank may select either one when paying it. The Bank is not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item.

A remotely created check is created by the payee and not signed by the Bank Account owner. It states that the Bank Account owner authorized the check. If you deposit a remotely created check, you guarantee it was authorized by the Bank Account owner for payment in the amount it shows. You agree to maintain proof of the authorization for two years and provide the Bank with such proof if requested.

Wire Transfers and Real Time Payments

You may send wire transfers or real-time payments (“RTP”) from the Bank Account and receive wire transfers and real-time payments to the Bank Account by giving the Bank an instruction for the Bank to debit the Bank Account you designate for the amount of the transfer request. You are responsible for ensuring that each request is complete and contains accurate information. You agree that the Bank has no responsibility to detect errors, but the Bank may use commercially reasonable security measures to attempt to reduce the risk of fraud or duplicate transfers, including by requesting additional documentation from you. You acknowledge receipt of the Security Procedures and agree that the Security Procedures apply to the Wire Transfer and RTP service and are commercially reasonable procedures for you. The Bank will provide you with notice of wire transfers and RTP payments in your periodic statement and you agree to review your statement and to promptly alert us of any errors. Wire transfer and RTP requests must be given to the Bank in accordance with the cut-off times established. Cut-off times will be provided to you separately from this agreement. You generally cannot cancel or amend a wire transfer or RTP payment request after the Bank has received it. The Bank reserves the right to process wire transfer requests or RTP payment requests in the order in which the Bank determines, in the Bank’s sole discretion. The Bank is not obligated to accept or execute any wire transfer or RTP payment requests. International wire transfers involving non-U.S. currencies will be converted to U.S. dollars. You agree that any reasonable exchange rate may be used, in the Bank’s discretion or as otherwise determined by a sending, receiving, or intermediary bank, and that you accept all risks that may result from exchange rate fluctuations.

Restricted Uses

You may not use the Bank Account for any illegal transactions or activity. The Bank reserves the right to reject any use of the Bank Account that may create reputational damage or safety and soundness issues for the Bank, including activities related to cryptocurrencies, those activities prohibited by the Unlawful Internet Gambling Enforcement Act and Federal Reserve Regulation GG and activities relating to the cultivation and sale of products such as marijuana prohibited by the Controlled Substances Act.

Trust, Escrow, and Fiduciary Accounts

The Bank does not act as a fiduciary or trustee for any Bank Account, even if the account is titled for trust, escrow, or custodial purposes. We are not responsible for enforcing the terms of any trust, escrow agreement, or third-party arrangement. You agree to indemnify and hold the Bank harmless from any claims arising from your obligations to beneficiaries, principals, or other third parties with an interest in the Bank Account.