Popular Direct Mobile Banking User Agreement

END USER TERMS

Effective as of 05/19/20.

This Popular Direct Mobile Banking User Agreement (“User Agreement”) governs the Popular Direct Mobile Banking service and the services referenced herein (collectively, the “Service” or “Services”) provided to you by Popular Bank for related Popular Direct products offered by us. Popular Bank (referred to herein as “we,” “us,” “our,” “Popular” or the “Bank”) is a Member of the FDIC and a New York State chartered commercial bank. The Popular Direct Mobile Banking Service is powered by a third party (the "Licensor") mobile technology solution. Section A of this User Agreement is a legal agreement between you and Popular Bank. Section B of this User Agreement is a legal agreement between you and the Licensor.

SECTION A

TERMS AND CONDITIONS

Thank you for using Popular Direct Mobile Banking combined with your handheld’s text messaging capabilities. If you have enrolled for Text Banking via Popular Direct Online Banking, text “HELP” to 79680 if you need assistance. To cancel your plan, text “STOP” to 79680 at anytime. In case of questions, please contact customer service at PopularDirect@popular.com or call 1.800.274.5696. For more information and applicable terms relative to Text Banking, please refer to our Terms and Conditions for Text Message Alerts for Popular Direct Accounts.

This is an agreement between you and Popular Bank. The terms and conditions herein shall govern your use of the Popular Direct Mobile Banking Service and supplements and incorporates by reference the Terms and Conditions of Use for Popular Direct Online Banking, the Popular Direct Online Banking Service Agreement, the Popular Direct Online Statement User Agreement, the Personal Banking Disclosure and Agreement for Popular Direct Products and other applicable Popular agreements, disclosures and/or terms and conditions that govern your applicable account(s) for Popular Direct products (“Account(s)”) and your use of the Services (including, but not limited to, any online and mobile banking services) that we offer relative to our Popular Direct deposit products.

Popular expressly reserves the right to not authorize or settle any transaction you submit which we believe (i) is in violation of any applicable law, any Popular disclosure(s), notice(s), terms and conditions, or agreement(s) to which you may be subject, or (ii) exposes you, other Popular customers, financial services providers, or Popular to harm or unnecessary risk, including but not limited to fraudulent, illicit, terrorist and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or any of your Accounts if we reasonably suspect that your use of any products or services offered by Popular and/or your Account(s) has been for an unauthorized, illegal, or criminal purpose.

1. SERVICES OFFERED: The Service is a module of the “Popular Direct Online Banking Service” accessed via a web-enabled or text-enabled cell phone, smart phone, tablet, personal digital assistant (PDA), tablet or other mobile device. Not all of the products and services available through the Popular Direct Online Banking Service may be available through the Popular Direct Mobile Banking Service.
2. Internal Transfers of Funds. You may use the Service to transfer funds between your Accounts (“Internal Transfers”), excluding certificates of deposit (“CDs”). Internal Transfers that are scheduled for a later date or set to be recurring (performed at a regular frequency) are processed at 3:00am ET on the Business Day the Internal Transfer request rules you set up indicate the transfer is to be sent. Immediate one-time Internal Transfers are processed at the time they are submitted, but please be aware immediate Internal Transfer requests may not be permitted during nightly processing from 12:00am – 4:00am ET each Business Day.
3. Balance Inquiries. You may use the Service to check the available balance and other Account information.
4. Mobile Check Deposits. Popular Direct Mobile Check Deposit is designed to allow you to make deposits to your applicable Popular Direct savings accounts from home or other remote locations by scanning checks using your mobile device and our iPhone^®, Android^®, or Amazon^® application software to deliver the images and associated deposit information to Popular or Popular’s designated processor. Popular Direct Mobile Check Deposit is currently offered free of charge. Pricing and item limits are subject to change as noted in the Schedule of Fees for Popular Direct Accounts. Wireless connectivity and usage rates may apply. Contact your wireless service provider for more details.

- Acceptance of these Terms. Your use of the Popular Direct Mobile Check Deposit service and the Services constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. Your continued use of the Popular Direct Mobile Check Deposit service and the Services will indicate your acceptance of any revised User Agreement. Further, Popular reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Popular Direct Mobile Check Deposit service and the Services. Your continued use of the Popular Direct Mobile Check Deposit service and the Services will indicate your acceptance of any such changes to the Popular Direct Mobile Check Deposit service and the Services. The Popular Direct Mobile Check Deposit service is deemed a part of the Service provided by Popular Bank and governed by the terms of this User Agreement.

- Limitations of Service. When using the Popular Direct Mobile Check Deposit service, you may experience technical or other difficulties. We cannot assume responsibility and disclaim all liability for any technical or other difficulties or any resulting damages that you may incur. Please refer to the Popular Direct Online Banking Service Agreement for additional details and limitations. Portions of the Popular Direct Mobile Check Deposit service have 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 the Popular Direct Mobile Check Deposit service, in whole or in part, or your use of the Popular Direct Mobile Check Deposit service, in whole or in part, immediately and at any time without prior notice to you to the maximum extent permitted by applicable law.

- Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that you will not use the Popular Direct Mobile Check Deposit service to scan and deposit any checks or other items as shown below:

1. Checks or items payable to any person or entity other than you.
2. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
3. 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.
4. Checks or items previously converted to a substitute check, as defined in Reg CC.
5. Checks or items drawn on a financial institution located outside the United States.
6. Checks or items that are remotely created checks, as defined in Reg CC.
7. Checks or items not payable in United States currency.
8. Checks or items dated more than 6 months prior to the date of deposit.
9. Checks or items prohibited by Popular’s current procedures relating to the Popular Direct Mobile Check Deposit service or which are otherwise not acceptable under the terms of your Popular Direct account. Note: US Postal Money Orders are not permitted to be deposited through Popular Direct Mobile Check Deposit.

- Image Quality. The image of an item transmitted to Popular using the Popular Direct Mobile Check Deposit service must be legible. The image quality of the items must comply with the requirements established from time to time by the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

- Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Popular Direct Mobile Check Deposit service as “For mobile deposit at Popular Bank via Popular Direct only” or as otherwise may be instructed by us from time to time. You agree to follow any and all other procedures and instructions for use of the Popular Direct Mobile Check Deposit service as Popular may establish from time to time.

- Receipt of Items. We reserve the right to reject any item transmitted through the Popular Direct Mobile Check Deposit service, at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Popular 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 Popular Direct Mobile Check Deposit service are subject to the funds availability requirements of Reg CC and our Funds Availability Disclosure for Popular Direct Accounts. Funds deposited using the Popular Direct Mobile Check Deposit service will be available after Popular receives payment for the funds submitted, as we made with regular deposits. Popular may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Popular, in its sole discretion, deems relevant. 

- Disposal of Transmitted Items. Upon your receipt of a confirmation from Popular that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item after two business days to ensure that it is not presented again for payment. And, you agree never to present the item again. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Popular as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Popular’s audit purposes.

- Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Popular Direct Mobile Check Deposit service and to modify such limits from time to time. Please contact the Customer Care Center at 1-800-274-5696 to review your account limits.

- Hardware and Software. In order to use the Popular Direct Mobile Check Deposit service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Popular from time to time. Popular is not responsible for any third party software you may need to use the Popular Direct Mobile Check Deposit service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

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

- Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Popular’s sole discretion subject to all applicable agreements and disclosures governing your applicable Account(s).

1. SERVICES EXCLUSIONS: Services whose enrollment is completed through Popular Direct Online Banking are not available through mobile banking, including account alerts and electronic statements. To enroll in these services, you must enroll through Popular Direct Online Banking enrollment by visiting www.populardirect.com.
2. Any applicable fees assessed in connection with the Services described in this User Agreement are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Popular. You are solely 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. For more information and applicable terms relative to Text Banking, please refer to our Terms and Conditions for Text Message Alerts for Popular Direct Accounts.
3. The Services described in Section A of this User Agreement are provided by Popular Bank and not by any other third party. You are solely responsible for any content that you transmit to us through any text messages.
4. By using the Service, you have accepted and agreed to be bound by all operational rules and general terms and conditions governing the Services, including without limitation all the following paragraphs, and to pay any applicable fees associated with the use of the Service. You likewise agree to be bound by any and all applicable laws, rules, regulations and official issuances applicable to the Services, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which we may make available to you in connection with the Service.
5. We have the absolute discretion to make the Service available to you. We have the discretion from time to time to determine the scope of the Service, set or change the daily cut-off time, modify, restrict, withdraw, cancel, suspend or discontinue any or all of the services without notice or responsibility to you and without giving any reason therefore to the maximum extent permitted by applicable law. You understand that by using the Service after any modification or change has been effected, you have agreed to any such modification or change. We shall not be liable to you if you are unable to gain access to the Services. Please refer to the Popular Direct Online Banking Service Agreement for additional details and limitations. You understand that while the Services are available 24-hours a day, some or all of the Services offered may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control.
6. You are solely responsible for keeping your applicable username, password and other access/account information relative to the Services secret and confidential, and you shall not disclose such information to any unauthorized person and shall take all steps necessary to prevent discovery of such information by any unauthorized person. You shall inform us as soon as reasonably practicable if you know or suspect that someone else knows such information or that unauthorized transactions have taken place and if you fail to do so you may be liable for any unauthorized transactions made. You must promptly examine your statements upon receipt and if you discover any discrepancies, omissions, inaccuracies or incorrect entries, you must immediately contact us. You may be liable for all losses prior to your reporting any discrepancies, omissions, inaccuracies or incorrect entries or if you act fraudulently or with negligence, including failing to properly safeguard your Account(s) and/or the Service access information or immediately reporting any unauthorized transaction made. Please refer to the Popular Direct Online Banking Service Agreement for additional details.
7. To the maximum extent permitted by applicable law, you agree that we shall not be liable for, and you agree to hold harmless and indemnify, and keep us indemnified, from and against any and all proceedings, suits, penalties, fines, liabilities, claims (including, without limitation, any claims of any third party), losses, damages or expenses (including legal costs) arising from or in connection with the use or misuse of the Services, including, but not limited to, as it relates to any applicable law or regulation of any jurisdiction, regional or international authority from where the Service is accessed and/or the terms and conditions prescribed by the relevant internet service provider or information service provider in such country of access, any law or regulation of any jurisdiction, regional or international authority which governs any use or misuse of any component of the Service, any relevant internet service provider or information service provide or system, any loss or damage caused by any act or omission of any relevant internet service provider or information service provider or network provider occasioned by any access to the Service, any loss or damage caused by any modification, alteration, upgrade or termination of the Service, any access (or inability or delay in accessing) and/or use of any browser which we provide to allow access to the Service, any errors or omissions in the information and materials contained in any of our websites and/or any delay or failure in any transmission, dispatch or communication facilities. Please refer to the Popular Direct Online Banking Service Agreement for additional details.
8. To the maximum extent permitted by applicable law, you agree that, subject to the provisions herein, if we are found liable for any act or omission for any reason whatsoever, our liability shall be limited to the amount of the relevant transaction or your actual damages whichever is less, and we shall not be liable to you in any manner, including for any indirect, special, punitive, or consequential loss or damages, arising in any way out of the use or misuse of the Service.
9. We shall use reasonable effort to ensure that the Service is secure and cannot be accessed by unauthorized third parties. However, we do not warrant the security, secrecy or confidentiality of any information transmitted through any relevant Internet service provider, network system or such other equivalent system in any jurisdiction via the Service. You shall notify us immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from the customer terminal immediately. Please refer to the Popular Direct Online Banking Service Agreement and the Terms and Conditions of Use for Popular Direct Online Banking for additional details.
10. When through the Service we provide you with any information, you acknowledge and agree that we do not thereby warrant the accuracy and completeness of any such information. We likewise do not warrant the accuracy, adequacy or completeness of any information contained in any applicable Popular Direct website or webpage.
11. In case any Account which is accessible through the Service is a joint Account, you shall be fully liable and responsible for the liabilities and obligations of the other account holder(s) or partner(s) howsoever arising on a joint and several basis.
12. In the event of suspension or cancellation, the Service may be reinstated at our sole discretion and we reserve the right to impose a reinstatement charge as we deem fit. We likewise reserve the right to impose a fee for the Service at our absolute discretion at any time without your prior consent.
13. You hereby authorize the transfer, disclosure and communication of any information relating to your Accounts, or any information thereon, to any of the offices, branches, subsidiaries, affiliates, agents and representatives of Popular Bank and third parties selected by any of them, wherever situated, for use (including in connection with the provision of any service or product relating to your applicable Accounts and for data processing and storage, customer satisfaction surveys, anti-money laundering monitoring, review and reporting, statistical and risk analysis and risk management purposes). In addition to the foregoing, Popular Bank and any subsidiary, affiliate, agent, representative or third party may transfer and disclose any such information as may be required by any law or regulation. The foregoing constitutes your written consent for any transfer, and disclosure of information relating to your accounts, properties and investments for the purposes indicated above and under applicable laws, rules and regulations. You agree to hold Popular Bank free and harmless from any liability that may arise from any transfer, disclosure or storage of information relating to your accounts, properties or investments. If you do not wish to receive telephone and/or mail solicitations, you may notify us in writing or by calling the Customer Care Center at 1-800-274-5696.
14. You acknowledge that all proprietary rights relating to or in connection with the Service (including without limitation any applicable Popular website or webpage) and all updates thereof, including without limitation trademark, trade name, service mark, patent and copyright, shall at all times vest and remain vested in us or the applicable owner of such intellectual property. The Service uses proprietary software of Popular Bank, other Popular, Inc. affiliates and/or other software and third party suppliers or licensors, as the case may be. You agree that we have granted you, as applicable, a non-exclusive license to use this software in connection with the Service, which allows you to use such software only for its intended purposes. You shall not disassemble, decompile, copy, modify or reverse engineer any such software or allow anyone else to do so.
15. You understand that any access to the Service will be effected through the relevant internet service provider or network provider in the country from where such service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such relevant internet service provider or network provider in separate agreements with you. You shall be responsible for all telephone charges and charges by any internet service provider incurred in connection with the use of the Service. You represent to the best of your knowledge that the customer terminal and any other computer or network system through which access may be affected are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs. You agree that neither we, nor any of our officers and employees or any affiliate or subsidiary of Popular Bank is responsible for any electronic, mechanical, data failure or corruption, computer viruses and bugs or related problems that may be attributable to the services provided by any relevant internet service provider or information service provider. Please refer to the Popular Direct Online Banking Service Agreement and the Terms and Conditions of Use for Popular Direct Online Banking for additional details.
16. This User Agreement shall be governed by and construed in accordance with the laws of the State of New York.
17. You acknowledge that your access to the Services via the use of your cellular phone, smart phone, PDA, tablet device or other mobile device shall be limited only to: viewing of your Account Summary and Account Details, Mobile Check Deposits (Popular Direct Mobile Check Deposit), Internal Transfers and inquiring on our latest Popular Direct latest products, promos, and services.
18. You consent to the transmission of communications through the Internet, and acknowledge that the Internet and use of mobile devices to conduct banking transactions is not necessarily a secure communications and delivery system, and understand the risks associated with it (among others, confidentiality, security, tampering and unauthorized use). You agree to waive any and all rights to assert claims against us and our affiliates in connection therewith to the extent applicable under any and all applicable laws.
19. THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION, INCLUDING THIS USER AGREEMENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POPULAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LICENSE, INCLUDING ANY SOFTWARE LICENSE, GRANTED BY ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

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

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 User Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this User Agreement. All rights not expressly granted to you by this User 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 User Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this User Agreement.
7. 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.