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Electronic Banking Service Agreement

Effective 9/25/2024

Description of Agreement

Introduction

This Electronic Banking Service Agreement ("Agreement") governs the use of Beneficial State Bank's Electronic Banking Services, which allows you to perform a number of banking functions through the use of a personal computer on a traditional Internet connection, on a mobile device through text message services, a mobile Internet browser, or mobile application, and using a wired or wireless phone (the “Services”). This Agreement establishes the terms and conditions for use of these Services. Each time you use any of the Services described in this Agreement, you confirm your agreement to these terms and conditions. Please read this Agreement carefully and print or download a copy of this Agreement for your records.

For purposes of this Agreement, the words "we," "our," "us," and "Bank" mean Beneficial State Bank; "you," "your," "Customer" and "User" refer to both consumer and business account owners and authorized users; "Account" or "Accounts" means your loan or deposit accounts at Beneficial State Bank; and "Electronic funds transfers" means preauthorized transactions and transfers to and from your Beneficial State Bank Accounts using the Service. References to time are to Pacific Standard or Pacific Daylight time, as applicable.

Other Agreements

The provisions of all other agreements affecting your Accounts, such as the Agreement and Disclosure and Schedule of Fees applicable to your deposit Accounts, etc., will continue to apply to your Accounts. If there is a conflict between this Agreement and any such other agreement, the terms of this Agreement will control.

Severability

If any portion of this Agreement is held by a court to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.

All headings are intended for reference only and are not to be construed as part of the Agreement.

When We Are Open and How to Reach Us

Business Days and Hours of Operation

Generally, our business days are Monday through Friday, excluding federal bank holidays (“Business Days”). Our hours of operation can be found on our website at https://www.beneficialstatebank.com.

Hours of Service Access

You can use the Service seven days a week, 24 hours a day, although transactions may not be processed until the next Business Day if they are initiated after the cut-off times applicable to such Services. However, from time to time, some or all aspects of the Service may not be available due to Service maintenance or other circumstances.

Contact Us

You may contact us in any of the following ways:

  1. Telephone - You can telephone us at 888-326-2265
  2. In Person - At any of our locations listed on our website, https://www.beneficialstatebank.com
  3. Postal Mail - 2002 NE Martin Luther King Jr. Blvd, Portland OR 97212
  4. Secure Messages – Send us a secure message by clicking on your name and the “Messages” menu in the top right corner after logging on to Electronic Banking.

Sending us an e-mail is one way to communicate with us. However, It is recommended that you communicate with us using one of the four methods listed above. You agree and acknowledge that e-mail is not a secure method of communication, and there is no assurance that your message will be read at that time, or even on the day it is delivered to our e-mailbox.

You should not use e-mail to communicate with us regarding anything that requires our immediate attention, nor should Account or transaction information be sent via e-mail because of the inherent security issues relating to such communication.

If you send us an e-mail, it will be deemed to have been received when it is read by the recipient. We will have a reasonable time to act on your e-mail after it is received by us. If you e-mail us or ask us to reply to you via e-mail you agree to hold us harmless from any consequences, including financial loss, resulting from any unauthorized use or disclosure of your account or personal information resulting from e-mail.

General Terms and Conditions Applicable to All Services

Service Access

Both consumer and business customers are eligible to enroll in this service. To use the Service, you must have at least one Account at the Bank, Internet access via a secure Internet Service Provider (ISP), an Internet browser that supports a minimum 128-bit encryption standard, and a valid e-mail address. Enrollment in these Services must be completed via our Web enrollment process. By enrolling in and using the Service, you acknowledge receipt of this Agreement and agree to abide by the terms and conditions contained herein.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access necessary to access the Service. We will not be responsible for any errors or failures due to the malfunction or failure of your hardware or software or of your communication and Internet access.

Services may be added or cancelled by us at any time. We will update this Agreement to with any additional terms and conditions applicable to new Services. By using the Services when they become available, you agree to be bound by the provisions in this Agreement as it may be updated and amended from time to time.

Security Procedures

You will be required to select your own security information, including a unique username, password, and security challenge questions. We may also require you to use other security procedures we may implement from time to time, such as personal identification numbers, tokens, out-of-band authentication, challenge questions, other identification information technology, dual control procedures, or other security devices to identify those logging in to the Service (collectively, with your username and password, the "Security Information"). Your username must be between nine (9) and twenty-six (26) characters in length and may be made up of letters ,numerals, and special characters (~!@#$%^&*()_+-={}|:;?,./). Usernames may not contain your first or last name and is not case sensitive. Your Password must be at between nine (9) and thirty-two (32) characters in length and must contain all of the following: a lowercase letter (a-z), an uppercase letter (A-Z), a digit (0-9), and a special character (~!@#$%^&*()[]{}<>_+-=/|\.,:;`'"?). Passwords may not contain your first or last name. We strongly recommend that you do not have your browser remember your password and that you frequently change your password.

YOU ARE SOLELY RESPONSIBLE FOR PROTECTING YOUR DEVICE AND SECURITY INFORMATION FROM BEING DISCLOSED TO OR USED BY OTHERS. WE STRONGLY SUGGEST THAT YOU DO NO DELEGATE AUTHORITY OVER YOUR ACCOUNT TO ANYONE WHO IS NOT AN AUTHORIZED SIGNER FOR YOUR ACCOUNT AS LISTED ON THE ACCOUNT SIGNATURE CARD. We are not responsible for monitoring or managing the use of the Service by any third party using your Security Information. If you give another person or business access to the Service by sharing your Security Information, you agree that each such third party will be authorized to act on your behalf, and will be bound by this Agreement (and any other of your Disclosures and Agreements associated with your Accounts). We are entitled to rely upon any instructions or other actions taken using your Security Information, even if you did not specifically authorize such activity. We reserve the right to modify the identification process from time to time to implement new measures that are recommended in the industry to combat new or increased threats.

NOTIFY US IMMEDIATELY if you have reason to believe your device or Security Information have been lost, stolen, or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account(s) has occurred or will occur through the Service. If you believe your Security Information or other means of access have been lost or stolen or that someone has used them without your authorization, contact us immediately by one of the methods set forth in the “Contact Us” section above. Quickly telephoning us is the best way of reducing your possible losses. When you contact us, please provide your name, address, a phone number where you can be reached, and a brief message as to what the problem might be.

The following paragraph applies to your business or non-personal Accounts only: You acknowledge and agree that the security procedures agreed upon by you and us, and recommended by us, provide you a commercially reasonable level of protection against unauthorized transactions in light of your particular needs and circumstances for the purpose of verifying the authenticity of instructions communicated in your name. You acknowledge and agree that these security procedures are used to verify the authenticity of, and not detect errors in, the instructions that are delivered to us through the Service. Any instructions given by you or on your behalf will be effective as your instructions, and you will be required to pay us the amount of any such transactions , whether or not the transactions have actually been authorized by you, and regardless of the actual identity of the sender thereof, if we accept such instructions in good faith and in accordance with our security procedures. Even if instructions are given in compliance with our security procedures, we may, in our discretion, delay the execution of that transaction until we are able to verify the authenticity of the instruction by any means reasonably acceptable to us. We will not be liable to you or any other person for such delay, provided that we have acted in good faith. If you adopt a security procedure to communicate any instructions to us, other than as set forth herein and other than as recommended by us, then you will be deemed to have refused the security procedures that we are offering and recommending as commercially reasonable and, if we accept such instruction in good faith, you assume the risk of waiving the security procedures recommended by us and agree to be bound by any such instruction, to be liable to pay us for any such transaction, and to indemnify and hold us harmless from and against any loss that we may incur directly or indirectly from acting on any such instruction, whether or not authorized.

Password Lockouts and Resets

To guard against unauthorized use of your username and password, the Service may disable your password on the third unsuccessful attempt to login. You can reach us as indicated in the “Contact Us” section above to have your Service reset, after we have satisfied ourselves of your identity.

If you forget your username, you may use the Service’s “Forgot Username?” link to receive your username via email, after you have successfully verified your identity.

If you forget your password, you can use the Service’s “Forgot Password?” link to reset your password after verification of your identity. For security purposes, you will be required to change your password upon your next login.

Data Protection

You understand the importance of your role in preventing misuse of your Accounts through the Service, and you agree to promptly examine your statement for each of your Accounts accessible through the Service as soon as you receive it, or if received electronically, as soon as you receive notice that your statement is available. You agree to protect the confidentiality of your Account and Account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your Account, may allow unauthorized access to your Account. Your username and password are intended to provide security against unauthorized entry and access to your Accounts. It is your responsibility to protect your personal information with the same level of care that you protect your Account information. If you are logged in to the Service, be sure to log off the Service and exit the browser when you leave the computer unattended, particularly when using a computer accessible by others.

You should also take standard precautions to keep your computer system clean and free from viruses that could be used to capture password keystrokes and financial information. We recommend that you install anti-virus and anti-spyware software and that you keep those applications current, to help protect you against viruses, worms, Trojan horses, and keystroke capture. Data transferred via the Service is encrypted in an effort to provide transmission security, and the Service utilizes identification technology to verify that the sender and receiver of data transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service, or e-mail transmitted to and from us, will not be monitored or read by others.

Privacy, Disclosure of Account Information to Third Parties and Security Procedures

Your privacy and the security of your information are not only important to us; they are essential to our business. If you are an individual requesting or obtaining the Service for personal, family, and household purposes, our privacy policies and procedures, as amended from time to time (available on our website at https://www.beneficialstatebank.com), applies to your use of the Service. You agree that we may collect, use and share your personal information in accordance with our privacy policies and procedure, if applicable to you, and to deliver and maintain the Service. Our sharing of your information may include providing a service provider, merchant, the applicable payment association or clearing house (such as a Federal Reserve Bank, Fiserv, Mastercard, or NACHA), and others (such as a payment processing entity or a token service provider) your name, Account number, routing number, e-mail address, phone number, and other information as required to complete a transaction, or to facilitate your participation in customer benefit programs such as loyalty and rewards programs to the extent maintained by those third parties. We can also share your information in order to make information available to you about your transactions, and to improve our ability to offer the Service. Once we share your information with a third party, you agree that the third party, and not the Bank, is responsible for the security and use of your information, and that your data will be subject to their privacy policies. You acknowledge that the use and disclosure of any personal information provided by you directly to a third party will be governed by such party’s privacy policy and not our privacy policy.

Inactivity/Termination

This Agreement will remain in effect until you or we terminate it.

We reserve the right to terminate this Agreement and your access to the Service in whole or in part, at any time, for any reason or without cause. One reason for our termination may be your failure to sign on to the Service for 180 consecutive days. If we do so for this or any other reason, you will be required to re-enroll in the Service in the same manner as a new enrollee and obtain our consent to your re-enrollment (which may be given or withheld by us in our discretion).

You may terminate this Agreement or any particular Service at any time by notifying us in the manner indicated in the “Contact Us” section above. We recommend that you cancel all future and recurring payments and transfers at the same time you terminate the Service.

Termination of this Agreement by you or by us will cancel the Service and any scheduled transactions that may be pending. It will not terminate your Accounts with us.

Your cancellation request should include your name, address, and the desired effective date to stop the Service.

Governing Law

This Agreement is governed by federal laws and regulations, as well as the laws and regulations of the State of California.

Office of Foreign Assets Control

The Bank Secrecy Act prohibits certain transactions with persons or entities listed as "blocked" by the United States Treasury’s Office of Foreign Assets Control (“OFAC”). The official listing is published in the Federal Register and updated from time to time. You agree not to use the Service to transact business with persons or entities blocked by OFAC and agree that we may refuse to comply with any instruction which we reasonably believe could violate these laws. However, our failure to recognize a transaction as prohibited will not relieve you of your obligations under these laws.

Damages

Except to the extent that the “Additional Provisions for Consumer Accounts Only” section below otherwise provides, under no circumstances will we have any liability for:

  1. Losses or damages resulting from the failure of your personal computer, hardware, software, or any Internet access services; or
  2. Failing to provide you access to any of your Accounts that are linked to the Service.

In addition, unless otherwise required by applicable law, we will only be responsible for providing the Service as expressly stated in this Agreement and will only be liable for any losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing such Services. IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGE, INCLUDING LOSS OF PROFITS, LOST BUSINESS OPPORTUNITY, OR FOR ATTORNEYS' FEES INCURRED BY YOU, WHETHER OR NOT ANY CLAIM OR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNOW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.

Indemnification

To the fullest extent permitted by applicable law, you shall indemnify and hold us and each of our parent, subsidiaries and affiliates and our and their respective officers, directors, shareholders, employees, members, managers, partners, agents, insurers, and attorneys (each, an “Indemnified Party” and, collectively, the “Indemnified Parties”) and hold each of the Indemnified Parties harmless from and against all actions, suits, proceedings, claims, damages, losses, liability, and expenses, including attorneys’ fees, of any nature or kind (including those by third parties) arising out of, or related to, the Service, including all actions causes of action, suits, proceedings, claims, damages, liabilities, losses, and expenses arising out of, relating to, or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to us, (iii) breach or failure to maintain compliance with this Agreement, your Account Disclosures and Agreements, all applicable law, and such other written requirements that we may furnish to you in connection with the Service from time to time, (iv) destruction of original checks, (v) deposit of an electronic representation of a substitute check into an Account instead of an original check, or (vi) deposit of a prohibited check; or (b) our (i) provision of the Service, or (ii) action or 9inaction in accordance with, or in reliance upon, any instructions or information received from any person reasonably believed by us to be an authorized representative of you; .provided, however, you are not obligated to indemnify us for any damages solely and proximately caused by our willful misconduct.

Amendments

We may add or remove terms to or from this Agreement, or we may amend any of its terms (including terms relating to fees and charges) by sending you written notice by regular mail sent to your address as it appears on your Account records - the notice may be combined with other Account information, such as an Account statement or other notice; by electronic mail; or by posting a notice on our website or on the Service and advising you of the posting. You agree that we may also send you future notices and disclosures about your Accounts by electronic mail, where permitted by law, or may post such notices and disclosures on our website or on the Service and advise you of the posting. Any use of the Service after we provide you a notice of change will constitute your agreement to such change(s).

Waivers

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

You consent to receive electronic Disclosures and Agreements for any notice, document, or disclosure required to be provided to you in writing for the Service. You may at any time withdraw your consent to receive Disclosures and Agreements electronically and request to receive them in writing. To do so, notify us at 888-326-2265 during normal business hours. There is no charge to receive written Disclosures and Agreements.

Assignments

You may not assign this Agreement, or any or your rights or obligations hereunder, to any other party. We may assign or delegate all or certain of our rights and responsibilities under this Agreement to any affiliate, independent contractor, or other third parties. If more than one person is authorized to use the Service, he or she is bound jointly and severally under this Agreement, and we may act on the instructions of any of you.

Severability

If any provision of this Agreement conflicts with applicable law under which this Agreement is to be construed, or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provisions to person, entities, or circumstances other than those as to which it is invalid or unenforceable, will no be affected thereby, and each of those provisions will be valid and enforceable to the fullest extent permitted by law.

Survival

All representations and warranties, payment and indemnification obligations, security interest, and limitations of liability set forth in this Agreement shall survive termination of the Agreement.

Third Party Beneficiaries

This Agreement shall not be construed to confer any rights or remedies upon any person not a party to this Agreement, whether as a third party beneficiary or otherwise, against you or us, or any of our respective successors or assigns and affiliates.

Relationship of the Parties

This Agreement will not be construed as creating an agency, partnership, joint venture, or any other form of association, for tax purposes or otherwise, between the parties, and the parties will at all times be and remain independent contractors. Except as expressly agreed by the parties in writing, neither party will have the authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.

Web Banking Services

Subject to the terms of this Agreement, you may use the Web Banking component of the Service (“Web Banking”) to:

  1. View current balance information and transaction activity for your Account(s) with us, although the balance viewed through the Service may not include all recent transactions;
  2. Obtain information that we make available about your Accounts, including Account alerts;
  3. Locate branches or automated teller machines with geolocation technology;
  4. Manage debit cards issued on your Accounts;
  5. Download checking and savings Account transactions to Quicken, QuickBooks, or Excel-compatible (CSV-comma separated values) files;
  6. View images of checks paid against your deposit Accounts;
  7. Perform self-service maintenance, such as changes to your e-mail address, your mailing address and login security information;
  8. Transfer funds, make a payment, issue a stop payment or make a deposit; and
  9. Use text banking commands to obtain balances, transaction history, and make transfers.

Commercial loan Accounts may not be accessible through the Service; please contact your account officer for more information. Some of the above functions may not be available for certain other Accounts or customers.

Account Access

We may make certain information about your Accounts available to you to view. Balances and transaction histories that you obtain through Web Banking generally will be current as of the close of business on the preceding Business Day. Notwithstanding the foregoing, Account information provided to you as part of Web Banking is not the official record of your Account or its activity. Your Account statements furnished to you will remain the official record of your Account.

Alerts/Notifications

The Service may include functionality that allows you to set up automated alert events based upon your selected criteria (“Alerts”). If available, Alerts will be sent to the email address or phone number you provided when you established the Alert feature. Your Alert event criteria will be matched against your Account information at a bank-specified time each Business Day. If the criteria match your Account information, an Alert will be distributed at that time. You will also be automatically opted in to security alerts when updating your credentials or contact information via Electronic Banking. By using the Alerts feature, you acknowledge that:

  1. We may add or remove types of Alerts from time to time;
  2. If you change your e-mail address or phone number, you will be responsible for changing this within the Service;
  3. Alerts may be delayed or prevented for a variety of reasons;
  4. We shall not be liable for any delay in delivery or complete failure to deliver any Alert;
  5. We shall not be liable for any actions taken or not taken by you or anyone else in reliance of an Alert or our delay in delivery or failure to deliver a scheduled Alert;
  6. We will never include your password or full account number in an Alert; however, you understand that Alerts may include your name and some information about your Accounts; and
  7. Cleared check Alerts will not be sent if the check is converted to an Automated Clearing House entry.

Geolocation

If you use any location-based feature (such as our automated teller machine or branch locator), you agree that your geographic location and other personal information (such as your unique device identifier) may be accessed and disclosed through the Service. You may turn off location-based features at any time to the extent permitted through the settings of your mobile device, which may result in your inability to use other functionality with location-based and related information.

Manage Cards

  1. The Manage Cards feature is only available for credit, debit or ATM cards issued by us that you register within our Mobile Banking App.
  2. The Manage Cards alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact us to discontinue the alerts and controls.
  3. Certain Manage Cards functionality within the Mobile Banking App may not be available for all transactions.
  4. Manage Cards may enable access to our and third parties' services and web sites. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.

Personal Financial Management Software

You may download, extract, or permit a third party to download, extract, or otherwise access certain transactional data for use with other software tools and products created by parties that we do not own or control, including personal finance management software. If you install or use such software, you are responsible for obtaining any applicable licenses. You assume all risks of any software that you install, download or use, and you understand that any information you enter into third-party software may be accessed by unauthorized third parties. If you use the third-party software to transmit information, you and the third-party provider are responsible for the security and confidentiality of that information.

Internal Transfers

Transfers can be made between Accounts you maintain with us (each, an “Internal Transfer”) on either a one-time or a recurring basis. One-time Internal Transfers may be immediately or scheduled for a future date. The scheduled Internal Transfer feature also may be used when a set amount is to be transferred at regular intervals.

Requests for immediate Internal Transfers submitted prior to the cutoff time of 5:00 pm will be processed immediately. Immediate transfer requests submitted after 5:00 pm or on a non-Business Day will be processed the following Business Day. While Internal Transfers made after the cutoff time or on weekends or holidays may be reflected in your Account balances, the transfers will not be effective until the next Business Day. In other words, even though an Internal Transfer initiated close to the stated cutoff time on a Business Day may be reflected in the to and from Account balances, if initiated after the actual cutoff time, it will not be considered when we process checks and other items presented for payment that day.

Internal Transfers scheduled for a future date, including recurring Internal Transfers, will be processed at the opening of business on the scheduled date, if that date is a Business Day, or if it is not a Business Day, on the following Business Day.

You understand that our processing times for checks or electronic funds transfers may be earlier in the day than the cutoff times for you to make an Internal Transfer. As a result, if we have already decided not to honor an item because you do not have enough funds in the Account to cover it, a later Internal Transfer of funds into the Account will not affect our decision, even though the Internal Transfer may have been made before the Internal Transfer cutoff time for the day.

If we do not complete an Internal Transfer to or from your Account on time or in the correct amount in accordance with this Agreement, we will be liable for your losses or damages if they were directly caused by our failure. However, we will not be responsible for your losses if:

  1. Through no fault of ours, you did not have enough available funds in your Account to make the Internal Transfer;
  2. The Service was not working properly and you were aware of that fact when you initiated the Internal Transfer;
  3. Circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevented the Internal Transfer, despite reasonable precautions that we have taken;
  4. There was a hold on your Account, or your Account was blocked in accordance with our policies;
  5. Your funds were subject to legal process or other encumbrance restricting the Internal Transfer; or
  6. There were other applicable exceptions stated in our agreements with you.

If a scheduled Internal Transfer fails to occur due to insufficient funds or other circumstances as listed above, the Internal Transfer will again be attempted on the following Business Day and will continue indefinitely until the Internal Transfer is successfully made or is cancelled by you.

Mobile Banking

We offer customers mobile access to their Account information for such things as checking balances and last transactions on your Accounts (“Mobile Banking”). By participating in Mobile Banking, you are agreeing to the terms and conditions presented in this Agreement. Mobile Banking and any software you may obtain from Mobile Banking ("Software") may not be available at any time for any reason outside of our reasonable control or the control of any service provider.

Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking, we and our affiliates and service providers may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively "User Information"). We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise uses permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. We and our affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use

You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose and only in compliance with all applicable laws, rules, and regulations, including all applicable state, federal, and international internet, data, telecommunications, telemarketing, "spam," and import/export laws and regulations, including the U.S. Export Administration Regulations.

Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate:

  1. junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
  2. material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers;
  3. material or data, that is illegal, or material or data, as we determine in our sole discretion, that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm our reputation or the reputation of any third-party service provider involved in the provision of Mobile Banking;
  4. material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier;
  5. viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
  6. any material or information that is false, misleading, or inaccurate;
  7. any material that would expose us, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or
  8. any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities or those of any third party.

You agree that you will not attempt to:

  1. access any software or services for which your use has not been authorized;
  2. use or attempt to use a third party's account;
  3. interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or
  4. otherwise abuse Mobile Banking or the Software.

Biometric Identification

Touch ID (for Android) or Face ID (for iOS) are optional fingerprint or face sign-in methods for our Mobile Banking that are currently available for most mobile devices. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Android mobile device to complete the setup (for more help with fingerprint scanning, contact support for your Android mobile device). To use Face ID, you will need to save your facial biometric information by going to “Settings > Face ID & Passcode” on your iOS mobile device to complete the setup (for more help with Face ID, contact support for your iOS mobile device). Fingerprints and facial biometric information are stored on your device only and we never see or store your fingerprint or facial biometric information. You acknowledge that by enabling Touch ID or Face ID, you will allow anyone who has fingerprint or facial biometric information stored on your device access to your personal and payment account information within Mobile Banking. We reserve the right to suspend or disable this feature at any time. Touch ID and Face ID can only be associated with one Mobile Banking username at a time on a device. If your device doesn't recognize your fingerprint or face, as applicable, you can sign in using your password. To use Touch ID or Face ID for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID or Face ID anytime from the Services menu within Mobile Banking. Currently, fingerprint and face sign-in for Mobile Banking is only available on compatible Android and iOS devices.

Third Party Services

To the extent this Mobile Banking App allows you to access third party services, we and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.

Disclaimer of Warranties

The Mobile Banking App, the Mobile Banking services, and related documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, we do not guarantee continuous, uninterrupted, or secure access to any part of Mobile Banking or operation of the Mobile Banking App, and Mobile Banking may be interfered with by numerous factors outside of our control. Some States do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you to the extent they are prohibited by applicable State law.

Limitation of Liability

You acknowledge and agree that from time to time, Mobile Banking and the Mobile Banking App may be delayed, interrupted, or disrupted for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to any interruption, disruption, or failure in the provision of Mobile Banking, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim arising from or related to Mobile Banking that is caused by or arises out of any such delay, interruption, disruption, or similar failure. In no event shall we or our affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or loss of goodwill or lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance Mobile Banking or the Mobile Banking App, or the websites through which Mobile Banking or the Mobile Banking App is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall we or our affiliates or licensors or contractors or their employees or contractors of any of these be liable for any claim, arising from or related to Mobile Banking, the Mobile Banking App, or the website through which the Mobile Banking or the Mobile Banking App is offered, that you do not state in writing in a complaint filed in a court or arbitration proceeding within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Our aggregate liability and the aggregate liability of our affiliates and licensors and contractors and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this Agreement shall be limited to direct out of pocket damages up to a maximum of Five Hundred Dollars ($500). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Data Analytics

You acknowledge that in connection with your use of Mobile Banking, we and our affiliates and service providers may receive data about your usage of Mobile Banking (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve Mobile Banking, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

Mobile Deposit Capture

Services

The mobile deposit capture services (“Mobile Deposit”) are designed to allow you to make deposits to your checking, savings, or money market Accounts from home or other remote locations by capturing an image of the check and delivering the image and associated deposit information to us or our designated processor.

Acceptance of these Terms

Your use of Mobile Deposit constitutes your acceptance of the terms and conditions set forth in this section, which are subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website or Web Banking. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of Mobile Deposit. Your continued use of Mobile Deposit thereafter will indicate your acceptance of any such changes.

Limitations of Service

When using Mobile Deposit, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. A portion of Mobile Deposit has certain qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, at any time without prior notice to you.

Hardware and Software

To use Mobile Deposit, you must obtain and maintain, at your own expense, a remote device or other eligible hardware and software (“Eligible Devices”) we may designate. If we designate any additional Eligible Devices, such Eligible Devices will be indicated on our website. We assume no responsibility for defects, failures or incompatibility of any equipment used in connection with Mobile Deposit, including any third-party software you may need to use Mobile Deposit. Any third-party software is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at the time of download and installation.

Deposit Limits

We, at our sole discretion, may impose a daily and monthly deposit limit that applies to the deposits to your eligible Accounts through Mobile Deposit.

You understand that you will not make deposits through Mobile Deposit in excess of this limit. We may refuse to accept and process any deposits that exceed this dollar limit. In addition, we reserve the right to change these limits or impose additional limits in its sole discretion from time to time.

Eligible items

You agree to only scan and deposit checks, as that term is defined in Federal Reserve Regulation CC (“Eligible Items”). You agree that the image of the check transmitted to us shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that the following types of checks or other items and not Eligible Items for purposes of Mobile Deposit:

  1. Checks payable to others (even if endorsed over to you);
  2. Checks payable jointly, unless deposited into an account in the name of all payees;
  3. Demand drafts or remotely created checks (i.e. checks lacking the original signature of the person authorizing the check);
  4. Substitute checks (i.e. paper checks created from an electronic image);
  5. Checks or items containing obvious alteration to any of the fields on the front of the check, or authorized by the owner of the account on which the check or item is drawn, or are irregular in any way (e.g. where the numerical and written amounts are different);
  6. Checks that have been previously returned unpaid for any reason;
  7. Checks that are postdated or are more than six (6) months old;
  8. Checks drawn on a foreign financial institution or payable in a foreign currency;
  9. Checks you suspect may be fraudulent or not properly authorized;
  10. Checks with any endorsement on the back other than that specified in “Check Endorsement Requirements” section below;
  11. Checks that are payable to cash;
  12. Travelers check;
  13. Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution; or
  14. Checks that are otherwise not acceptable under the terms of the Agreement and Disclosures governing your Account.

Our processing of any of the checks described above shall not obligate us to continue that practice and we may stop doing so without cause or prior notice. Additionally, we reserve the right to reject any item transmitted through Mobile Deposit, 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.

The following types of checks are expected to fail via Mobile Deposit:

  1. Older U.S. Savings Bonds;
  2. Image Replacement Documents (IRDs);
  3. Foreign checks;
  4. Checks with invalid routing numbers (invalid 9th/check digit);
  5. Checks with missing account data;
  6. Checks with missing routing numbers; and
  7. Checks with missing or incorrect special symbols.

Hours of Operation; Processing Cut-off Hour; Location Where Your Deposits are Considered Made

You may use Mobile Deposit 24 hours a day, seven days a week, except when it is unavailable due to needed maintenance or system outages. We are not responsible for the unavailability of Mobile Deposit or any damages that may result from its unavailability.

Images of Eligible Items and associated deposit information we receive for processing before 5:00 p.m. PST Monday - Friday on any Business Day will be processed on that Business Day. Images of Eligible Items and associated deposit information we receive for processing after 5:00 p.m. PST on any Business Day, or on a Saturday, Sunday, or Bank holiday, will be processed on the next Business Day.

Availability of Funds

Funds from deposits via Mobile Deposit are generally available to you on the next Business Day after your deposit is received. In some cases, we may not make funds from these deposits available in accordance with this general policy. Should this occur, a notice will be sent to you by the next Business Day as to when your funds will be made available to you. Depending on the type of check that you deposit, funds will be made available to you no later than seven (7) Business Days after the Business Day your deposit is received. In addition, the first $275 of your deposit will be made available on the Business Day your deposit is processed.

Our funds availability exception policies set forth in the Agreement and Disclosures governing your Accounts also apply to deposits made via Mobile Deposit. Please refer to the Agreement and Disclosures governing your Account for an explanation of those exception policies. In the event we receive a check image for deposit of which we have reason to doubt the collectability, we may delay the availability of that deposit for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action.

Image Quality

Each file transmitted by you to us using Mobile Deposit shall contain images of the front and back of the Eligible Item scanned and remotely deposited by you. The image of an item transmitted to us using Mobile Deposit shall be of such quality that the following information can clearly be read and understood by sight review of such image: (i) the amount of the item (both written and numeric); (ii) the payee of the item; (iii) the signature of the maker of the item; (iv) the date of the item; (v) the item number; (vi) the information identifying the maker and the paying bank that is preprinted on the item, including the MICR line; (vii) the endorsement on the back of the item; and (viii) all other information placed on the item prior to the time an image of the item is captured, such as any required identification written on the front of the item and any endorsements applied to the back of the item. Each image shall also meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve or any other regulatory agency, clearing house or association. You acknowledge that image technology may not capture all security features contained in the original item and agree to assume any and all losses resulting from claims based on security features that do not surviving the imaging process.

Check Endorsement Requirements

Prior to scanning any check through Mobile Deposit, you agree to restrictively endorse the original item "For Mobile Deposit Only, Beneficial State Bank, account #_______" or as otherwise instructed by us from time to time. You agree to follow all other instructions we provide to you for capturing and transmitting check images and associated deposit information via Mobile Deposit.

Storage and Destruction of Original Checks

Upon your receipt of confirmation from us that we have received an image that you have transmitted, you agree to retain the original item for at least thirty (30) calendar days from the date of the image transmission (the “Retention Period”). After the Retention Period, you agree to destroy the original item that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the Retention Period, you shall take appropriate security measures to ensure that: (i) only an Account holder shall have access to original items; (ii) the information contained on such items shall not be disclosed; (iii) such items will not be duplicated or scanned mor than one time; and (iv) such item will not be deposited or negotiated in any form. Also during the Retention Period, you agree to promptly provide such original item to us upon request. You agree to indemnify and hold us harmless from and against any and all claims, demands, actions, causes of action, losses, and damages of whatever nature or kind, and regardless of the theory upon which the same are based, caused directly or indirectly by, arising out of, related to, in connection with, or resulting wholly or partially from, the destruction of original items by you.

Errors

You agree to notify us of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than sixty (60) days after the applicable Account statement is sent. Unless you notify us within sixty (60) days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against us for any such alleged error.

Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion, subject to the depository Agreement and Disclosures governing your Account. We shall not be liable for the negligence of any clearing agent. Collection of items is also subject to the terms of the Agreement and Disclosures governing your Account, as well as applicable law.

DISCLAIMER OF WARRANTIES

You agree your use of Mobile Deposit and all information and content (including that of third parties) is at your risk and is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind as to the use of Mobile Deposit, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that Mobile Deposit (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv) any errors in the services or technology will be corrected.

LIMITATION OF LIABILITY

You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use Mobile Deposit incurred by you or any third party 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 have been informed of the possibility thereof.

Your Representations, Warranties, and Indemnification

You represent and warrant the following with respect to each image of a check that you transmit through Mobile Deposits:

  1. You will only transmit Eligible Items;
  2. Images will contain an accurate representation of the front and back of each item and otherwise meet the image quality standards;
  3. You will not: (i) create duplicate images of the items, (ii) transmit a duplicate image or file to us, or (iii) deposit or otherwise negotiate the original item of which an image was created. You further warrant that no subsequent transferee, including but not limited to us, a collecting or returning bank, drawer, drawee, payee, or endorser, will be asked to pay the original item from which the image was created or a duplication (whether paper or electronic, including ACH entries) of the item.
  4. No subsequent transferees of the item, including but not limited to us, a collecting or returning bank, drawer, drawee, payee, or endorser, shall sustain a loss as a result of the fact that the image was presented for payment or returned instead of the original item;
  5. You will not deposit or represent the original item;
  6. All information you provide to us is complete, accurate and true;
  7. You are not aware of any factor that may impair the collectability of the item;
  8. No files contain any computer viruses or other harmful, intrusive, or invasive code;
  9. You will comply with the terms and conditions set forth in this section and all applicable rules, laws, and regulations; and
  10. You agree to indemnify and hold us harmless from and against any and all claims, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys’ fees) arising from a breach of any of your representation, warranties, covenants, and/or obligations under this section or any other agreements between you and us, including but not limited to the Agreement and Disclosures associated with your Account(s).

Any breach of the above warranties may result in cancellation of Mobile Deposit for your specific profile in our Mobile Banking App, closure of your Accounts, or termination of the client relationship.

Returned Items and Right of Chargeback

If any image of an item you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that we will return the check to you in the form of a substitute check. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to one of our branch offices. You may not deposit the original check. Your Account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of the Agreement and Disclosures associated with your Account.

Termination or Suspension of Mobile Deposit

We may terminate or suspend your use of Mobile Deposit at any time. We may terminate or suspend Mobile Deposit without prior notice if we, in our sole judgment, believe there has been a breach in the security of Mobile Deposit, there has been unauthorized activity involving your Account, you have engaged in activity that violates the terms of this Agreement, or there has been Account activity resulting in an overdraft in any of your deposit accounts with us.

Cooperation with Investigations

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 items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.

Ownership & License

You agree that we retain all ownership and proprietary rights in Mobile Deposit, associated content, technology, and website(s). You may not use Mobile Deposit (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to our business interest, or (iii) to our actual or potential economic disadvantage in any aspect. You may use Mobile Deposit only for non-business, personal use in accordance with these terms and conditions. You may not copy, reproduce, distribute, or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Mobile Deposit.

Mobile Deposit Consent and Agreement

By agreeing to these terms and conditions, you agree: (i) that you have equipment that satisfies the above requirements; (ii) to receive information about Mobile Deposit, including these terms and conditions, any amendments to them or any notices regarding the use of Mobile Deposit, electronically; and (iii) that you have received an electronic version of these terms and conditions and agree to be bound by them. Because enrollment in Mobile Deposit can only occur electronically, you understand that you cannot enroll in Mobile Deposit unless you agree. We reserve the right to provide information and notices about Mobile Deposit to you by non-electronic means.

Telephone Banking

You need to be an account holder of Beneficial State Bank in order to be eligible for our Telephone Banking Services (“Telephone Banking”) and enrollment in this service is automatic. Telephone funds transfers can only be conducted on eligible Accounts, as discussed below. At the time you first access Telephone Banking, you will be asked to provide a passcode, which you may change at any time.

Eligible Accounts

Telephone Banking transactions, which include funds transfers, stop payment, account inquiries, and other available services, can only be conducted on eligible Accounts in which you are an owner.

Access to the Service

You may access Telephone Banking by dialing (531) 272-7385. An Interactive Voice Response will answer the call and prompt you on how to proceed. You must be ready to provide your telephone banking ID, four-digit passcode and account information when prompted to do so.

You generally can access your Account information via Telephone Banking seven days a week, 24 hours a day, although some or all of these services may not be available at times due to an emergency or scheduled system maintenance. We will post notice of any extended period of system unavailability on our website as soon as reasonably possible.

Funds Transfers

Telephone funds transfers completed before 5:00 p.m. PST on a Business Day are posted to your Account on the same day. Telephone funds transfers completed after 5:00 p.m. PST on a Business Day, or completed at any time on Saturday, Sunday, or banking holiday, will be posted on the next Business Day.

Additional Provisions for Business Customers Only

Security Procedures

By using the Services, you acknowledge and agree that the security procedures for electronic banking transactions set forth herein are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, that we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use and we had a reasonable opportunity to act on such notice.

Fees and Charges

We provide the Services listed in this Agreement in accordance with our Schedule of Fees and Charges, which is available to you upon your request.

You are responsible for connectivity and Internet service fees you incur with your use of the Services.

Additional Provisions for Consumer Accounts Only

Liability for Unauthorized Use (Consumers/Personal Accounts Only)

Tell us at once if you believe your Web Banking password has been compromised or if someone has transferred or may transfer money from your Account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus any amount available under your overdraft protection, if applicable) if you delay in notifying us.

If you tell us within two (2) Business Days, you can lose no more than $50 if someone uses your username and password without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your username and password, and we could have reasonably stopped someone from using the username and password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows any electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may, at our sole discretion, extend the time periods.

If you authorize someone else to use your username and password, you are responsible for all transactions which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize.

In Case of Errors or Questions About Your Electronic Funds Transfers

In case of errors or questions about your electronic funds transfers ("EFTs"), or if you think your statement or receipt is wrong or if you need more information about an EFT listed on your Account statement or receipt, contact us in the manner stated in the “When We Are Open and How to Reach Us” section of this Agreement. We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared. We will need you to provide us the following information.

  1. Your name and Account number
  2. Description of the error or the transfer you are unsure about, explaining as clearly as you can why you believe it is an error or why you need more information,
  3. Dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred within then (10) Business Days (twenty (20) Business Days for new Accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new Accounts) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (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 your letter within ten (10) Business Days, we reserve the right to not provisionally credit your Account.

We will tell you the results within three (3) 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.

Paper Copies of this Agreement

We invite you to print a copy of this Agreement and retain it for your records. You may also request that a copy of this Agreement be mailed to you by contacting us in the manner indicated in the “When We Are Open and How to Reach Us” section of this Agreement.