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Thank you for using Alma Bank Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 49794. To cancel your plan, text "STOP" to 49794 at any time. In case of questions please contact our Customer Care Center at 855-541-1000 or by email at firstname.lastname@example.org. Please DO NOT include account numbers or other personal information in e-mail messages.
This service is provided to you by Alma Bank ("Alma", "we", or "us") and powered by a third-party Licensor mobile technology solution (the "Licensor"). Section A of these End User Terms is a legal agreement between you and Alma. Section B of these End User Terms is a legal agreement between you and the Licensor.
ALMA BANK AGREEMENT, TERMS AND CONDITIONS, AND DISCLOSURE
The Service (as defined below) is separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Alma. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including, without limitation, for short message service.
The Service is provided by Alma and not by any other third party. You and Alma are solely responsible for the content transmitted through the text messages sent to and from Alma. You must indicate the source of the message in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
Alma endeavors to provide you with the highest quality Mobile Banking services available. By enrolling in the Service, you agree to all the terms and conditions contained in this Agreement and Disclosure (the "Agreement").
We may offer additional Mobile Banking services and features in the future. 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, the following terms have the meanings given below:
Account(s) means your eligible Alma checking, savings, loan, certificate of deposit and other Alma 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 supports secure communications, and 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 and "Service" means the banking services accessible from the Devices you have registered with us for Mobile Banking.
You and "Your(s)," means each person with authorized access to your Account(s) who enrolls to use Mobile Banking.
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 Alma account information, make payments to payees, make check deposits, 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 Devices within the Online Banking system.
We reserve the right to limit the types and number of accounts eligible and to refuse to make any transaction you request through Mobile Banking. We also reserve the right to modify the scope of the Service at any time.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. Alma cannot guarantee, and is not responsible for, the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues.
Use of Service. In order to properly use Mobile Banking, you agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and that you will contact us directly if you have any problems with Mobile Banking. If we may modify the Service, you are responsible for understanding how to use Mobile Banking as modified. You also accept responsibility for knowing 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.
Fees Charged by Alma. Currently, we charge no fees to enroll in or use Mobile Banking. However, we may assess fees: (a) set forth in the other agreements, disclosures or fee schedules for particular products or accounts (such as overdraft or fund transfer fees), or (b) for products and services you purchase through Mobile Banking. We reserve the right to institute or charge fees for Mobile Banking after sending you prior notice.
Other Agreements. You agree that when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements 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 of 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 account or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening or otherwise. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Mobile Banking Transfers. You may use the Service to transfer funds between your eligible Alma accounts ("Internal Transfer"). All Internal Transfer requests received by 8:00 PM Eastern Time ("ET") on a business day are processed on the same day. Internal Transfer requests received after 8:00 PM ET on a business day or any time on Saturdays, Sundays or holidays on which the Bank choses to remain closed, are processed on the next business day.
We may limit the type, frequency and amount of Internal Transfers for security purposes and may change or impose the limits without notice, at our option. You agree to confirm the completion of each Internal Transfer in your account balance and transaction history before withdrawing transferred funds.
Check Deposits. You may use the Service to deposit checks through your mobile Device. All check deposits made and received by 5:00 PM ET on a business day are processed on the same day, subject to limits and deposit item eligibility stated below. All check deposits made after 5:00 PM ET or not on a business day will be processed on the next business day.
Deposit Limits. We reserve the right to impose limits on the amount of check deposits that you transmit using the Service and to modify such limits from time to time. You can access the current maximum mobile check deposit limits at https://www.almabank.com/Terms-of-Use/Mobile-Banking-Deposit-Limits
Eligible Deposit items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that the image of the check transmitted to Alma shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will NOT use the Service to scan and deposit any checks or other items as shown below:
A. Checks or items payable to any person or entity other than you.
B. 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.
C. Checks or items previously converted to a substitute check, as defined in Reg CC.
D. Checks or items drawn on a financial institution located outside the United States or not payable in United States' currency.
E. Checks or items that are remotely created checks, as defined in Reg CC.
F. Checks or items dated more than 6 months prior to the date of deposit.
G. Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution, or have been previously deposited or cashed at Alma or any other financial institution.
You agree that any loss, cost or expense that Alma or you incur from your deposit of an ineligible item (as set forth above) will be your responsibility. Alma has no responsibility or liability for any fees incurred due to the rejection of an ineligible item and may additionally charge you fees (e.g., for insufficient funds) arising out of the deposit of ineligible items.
Image Quality. The image of an item transmitted to Alma using the Service 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, clearing house or association.
Endorsements and Procedures. You agree that all checks submitted through this Service must be properly endorsed by you prior to transmittal. Unless otherwise instructed by Alma, you agree that all checks deposited through this Service must (a) be endorsed by all required payees, and (b) state that they are "For Mobile deposit only at Alma Bank account #_________" or as otherwise instructed by Alma. In addition to the previously mentioned endorsement, if the check(s) has a "CHECK HERE IF MOBILE OR REMOTE DEPOSIT" box, you will check such checkbox. You agree to follow any and all other procedures and instructions for use of the Service as Alma may establish from time to time. Any loss that Alma incurs from a delay or processing error resulting from an irregular or missing endorsement or other markings by you will be your responsibility. Alma has no responsibility or liability for any fees incurred due to the rejection of transmitted items for missing or incomplete endorsements and may additionally charge you fees (e.g., for insufficient funds) arising out of the deposit of ineligible items.
Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. 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 a confirmation from Alma that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
Availability of Funds. You agree that items transmitted using the Service will be available according to Alma's funds availability disclosure. Alma may make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Alma, in its sole discretion, deems relevant.
Disposal of Transmitted Items. Upon your receipt of a confirmation from Alma that we have received the image of an item, you agree to prominently mark the item as "VOID", "Electronically Presented" or check "CHECK HERE AFTER MOBILE OR REMOTE DEPOSIT" if applicable and to properly dispose of the item following a 60-day retention period to ensure that it is not re-presented for payment. You additionally agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Alma as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Alma's audit purposes.
Errors in Transmission. By using the Service, you accept the risk that an item may be intercepted or misdirected during transmission. Alma bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
Errors. You agree to notify Alma of any suspected errors regarding items deposited through the Service immediately, and in no event later than 60 days after the applicable Alma account statement is sent. Unless you notify Alma within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Alma for such alleged error.
In Case of Errors or Questions about Your Account. In case of errors or questions about your accounts, contact our Customer Care Center at (855) 541-1000. For additional information regarding your and our rights and responsibilities regarding unauthorized transactions, please review the Electronic Funds Transfer Disclosure that you received when you opened your account, or review your eStatement or the back of your monthly banking statement.
Your Responsibilities. You represent and agree to the following by enrolling for Mobile Banking or by using the Service:
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 us 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 current and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
User Security. You agree to take every precaution to ensure the safety, security and integrity of your Account(s) 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 not 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.
You are responsible for the Device and its software to use this Service. The hardware and software in the Device that you use may be subject to unauthorized tracking or other manipulations by "spyware" or other malicious code. We are not responsible for advising you of the existence or potential effect of such malicious code and use of your hardware and software is at your own risk. We do not guarantee functionality of the Service on all wireless devices. You are responsible for the charges of any wireless service provided while using the Service. We will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as computer virus. However, no security system is failsafe, and despite our efforts, the security of the Service could be compromised or malicious code be introduced by third parties. We will provide you with notice if your information is the subject of a security breach, as required by applicable law.
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 of 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.
Lost or Stolen Mobile Device or Password; Unauthorized Transactions. If you believe your Mobile Device, user name (Login ID), password or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your Account(s) without your authorization, contact our Customer Care Center at (855)541-1000 immediately. For additional information regarding your and our rights and responsibilities regarding unauthorized transactions, please review the Electronic Funds Transfer Disclosure that you received when you opened your account, or review your eStatement or the back of your monthly banking statement.
No Commercial Use or Resale. 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 any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
General. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Alma, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' 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.
Electronic Checks. You will indemnify, defend and hold harmless Alma, its affiliates, and each of their respective directors, officers, employees and agents (collectively, the "Indemnified Parties" ) from and against all liabilities, damages, claims, obligations, demands, charges or expenses (including reasonable attorneys' fees) awarded against, or incurred or suffered by, the Indemnified Parties arising directly or indirectly from or related to the following warranties (except for losses or liabilities caused by Alma's gross negligence or willful misconduct): I warrant that (i) the electronic image of a check accurately represents all of information on the front and back of the original check as of the time that the original check was truncated, and the electronic information includes an accurate record of all MICR line information required for a substitute check and the amount of the check and (ii) each warrantee will not receive a presentment of or otherwise be charged for an electronic check, an electronic returned check, the original check, a substitute check or a paper or electronic representation of a substitute check, such that the warrantee will be asked to make payment based on a check it has already paid.
Electronically-Created Item. If I transfer or present an "electronically-created item" as defined in Reg CC, and receive settlement or consideration for it, I am required to indemnify each transferee bank, any subsequent collecting bank, the paying bank and any subsequent returning bank against losses that result from the fact that (i) the electronic image or electronic information is not derived from a paper check; (ii) the paid person on whose account the electronically-created item is drawn did not authorize the issuance of the item or to the payee stated on the item, or (iii) a person receives a transfer or presentment, or return of, or otherwise is charged for an electronically-created item such that the person is asked to make payment based on an item or check it has paid.
END USER LICENSE AGREEMENT FOR THE DOWNLOADABLE MOBILE BANKING APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer of 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-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Zelle Network® Standard Terms
1. Description of Services
a. We have partnered with the Zelle Network ("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.
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.
2. Eligibility and User Profile
When you enroll to use the Service, you agree to the terms and conditions of this Mobile Banking Enrollment Terms & Conditions and End User Terms. You represent that you have the authority to authorize debits and credits to the enrolled bank account. Eligibility rules may differ if you are enrolling in Zelle through another Participating Financial Institution or on Zelle's separate transfer service website or mobile app. In order to receive fund transfers into your account, that account must be in good standing. In order to transfer funds out of your account or to another individual or business, you must have an available balance in that 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. You agree that you will not authorize a third party to use the Service or share your credentials with a third part to use the Service on you behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
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.
Content Standards: You agree that you will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle's or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle have any obligation to monitor any Content, both we and Zelle have absolute discretion to remove Content at any time and for any reason without notice. We and Zelle may also monitor such Content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any Content, including any loss or damage to any of your Content. We and Zelle make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.
The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your "Zelle tag." You will be limited to one Zelle tag per bank account, and each Zelle tag must have one U.S. mobile phone number or email address associated with it. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor User Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice. We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you. We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby. We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.
3. Consent to Share Personal Information (Including Account Information)
In agreeing to use the Zelle Network, you agree that some personal information, including your phone number and email address, shall be shared with Zelle and the participating financial institutions. These institutions will keep your information confidential and obey all applicable laws regarding such information.
4. Privacy and Information Security
5. Wireless Operator Data
6. 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). 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."
c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle.
7. Consent to Emails and Automated Text Messages
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 Zelle text messaging from us, send STOP to 20736. For help or information regarding Zelle text messaging, send HELP to 20736 or contact our customer service at (855) 541-1000. You expressly consent to receipt of a text message to confirm your "STOP" request.
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle tag 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).
9. Sending Money; Debits by Network Banks
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.
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).
YOU AGREE THAT YOU, NOT ALMA BANK OR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE.
11. Send Limits
We reserve the right to impose limits on the transactions that you transmit using Zelle and to modify such limits from time to time. You can access the Zelle limits at https://www.almabank.com/Terms-of-Use/Zelle-Limits.
12. 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 nor 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.
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.
13. Transaction Errors
You agree to notify Alma of any suspected transactional errors. Errors should be reported immediately and in no event later than 60 days after the applicable Alma account statement is sent. Unless you notify Alma within such 60 day period, such statement regarding all Zelle transactions shall be deemed correct, and you are prohibited from bringing a claim against Alma for such alleged error.
If you believe an unauthorized transaction was made in connection with the Zelle service, contact us immediately at (855) 541-1000. You may also contact us using the phone number or address designated on the front of your statement or visit your local branch.
14. Your Liability for Unauthorized Transfers
15. Liability for Failure to Complete Transfers
Currently Alma Bank does not charge a fee to use the Service; however, regular charges will apply to your account(s), as applicable. We reserve the right to change the fees that apply to the Service, and the circumstances under which fees may be waived at any time, or for any reason. We will give you reasonable notice of such change(s), as required by law. If we process a transaction in accordance with your instructions that overdraws your account with us, we may assess a fee or charge interest for any such overdraft in accordance with the terms of the Deposit Account Agreements. We will not be liable for failure to pay any transfer request unless it is drawn against available funds in the designated account. You will be responsible for paying any telephone company or utility charges and/or internet access service fees incurred while using telephone lines and/or internet access services to connect with the Service.
17. Use of Our Mobile App
18. Cancellation of the Service
You may cancel services at any time by calling the service center at (855) 541-1000.
We reserve the right, but assume no obligation, to terminate your ability to use Zelle, if we deem your actions to be potentially unlawful, abusive, offensive or unwelcome or for any reason at all in our sole discretion.
19. Right to Terminate Access
20. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS 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 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
21. Limitation of Liability
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).
23. Governing Law; Choice of Law; Severability
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
Alma Bank Mobile Banking Enrollment Terms & Conditions 07/14/2022
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