For avoidance of doubt, you understand, acknowledge and agree that all data provided by you to Bank (including, but not limited to, Electronic Images or Substitute Checks retained on any processing equipment, Processing Software, or any other processing equipment or software (including your personal computer or mobile device) used by you in conjunction with Digital Deposits), and all data produced, compiled or otherwise provided by Bank to you, in any form or format, is your sole and exclusive property and copies thereof shall be provided to you at your request from time to time and at any time. P. Your Responsibilities, IX. IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT. Certain software that Frost uses to provide the Mobile Card(s) has been licensed from third parties (each a Third-Party Licensor) that are not affiliated with Frost. You agree that we may, in our sole discretion, waive any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or later, on a one-time basis or for any period, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we need not provide similar waivers in the future or waive our rights to enforce the terms of this Agreement. Types of Account Ownership A Partys invocation of the dispute resolution provisions under this Agreement applies whenever there is a dispute between you and Frost Bank. If funds from a deposit become available and you withdraw funds, that does not mean the check or other item you have deposited is good, has cleared, or has been paid by the paying bank. We are required to honor items drawn only on the listed Account name. We provide this information only as a courtesy and convenience to you. If the request is made less than three (3) Business Days in advance, we must have a reasonable opportunity to act upon the stop payment order. Like cashing a regular check, cashing a money order is a relatively simple procedure. Any person appointed or selected by you and the Bank to serve as an arbitrator must: (i) have ten (10) years or more practical working experience in the banking industry, (ii) be an attorney licensed by the state of Texas, in good standing with the Texas State Bar, with substantial experience in the trial or resolution of business disputes, or be a member in good standing of the Texas Academy of Distinguished Neutrals, and (iii) for arbitration administered by the AAA, be listed by AAA on its national roster of arbitrators, or, if administered by a like organization, be listed or approved by such organization. First Business Day after day of approval. D. Deposit Rules You agree that if we pay the check, the check will be posted to your Account on the date we pay the check, even though the posting date is prior to the date shown on the check. If you do not have a separate written agreement with us granting you the ability to create Substitute Checks, then you can only deposit Substitute Checks or any IRD that purports to be a Substitute Check if such Substitute Checks have already been endorsed by a bank. Second Business Day after approval. All Substitute Checks deposited via Frost Digital Deposits (as further described in Section VII (Digital Deposits)) must be endorsed payable to the order of Mobile Deposit Only, Frost Bank, followed by your signature and Account number. You have overdrawn your Account repeatedly in the last six months. G. Interest-Bearing Checking Accounts Frost customers can securely deposit checks with a generous daily lim. To the extent that any term used by Bank in providing you the Digital Deposits is a term that is not used or defined in this Agreement or in the Documentation, you and Bank agree to such term commonly used with regard to remote deposit capture services shall have the meaning as defined in Regulation CC if such term is so defined. In addition, repeated or serious violations of the Frost Bank code of conduct by a Frost Bank customer may result in action against such customer, including, but not limited to, Frost Bank exercising its rights under Section III.D. C. Relationships to Other Frost Agreements (1) Penalty However, there are online check cashing options availablelike PayPal, Venmo, and Ingo Money. This can be convenient as you can cash your check when you're doing your regular shopping. The Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for Digital Deposits and transactions contemplated hereunder and you agree to abide by such requirements. Frost Bank takes measures to ensure that Frost Bank properties, branch locations and ATM locations that are owned and controlled by Frost Bank (the Premises) are safe and secure. * See running balances, plus view and search . Frost is not responsible for and is unable to disable your Supported Digital Wallet Device or Digital Wallet; Frost can only disable your Payment Card. Subject to applicable law, we may exercise our right of setoff that we are entitled to exercise under common law, under this Agreement and under statute (see Texas Finance Code Section 34.307), or security interest to recover amounts you owe us from any and all Accounts you maintain with us or with our affiliates before we pay checks or other items drawn on the Account(s), without notice to you, except that this provision does not apply to any IRA Keogh Plan, certain Trust Accounts (but excluding Totten Trust Accounts), or Health Savings Accounts. It is your responsibility to read and understand the third-party agreements before creating, activating, or using a Mobile Card (as that term is defined below) in a Digital Wallet. The Schedule also shows how often we will pay you interest, if that interest is compounded, how we will calculate the interest we will pay, the balance on which we will pay interest, and any minimum balance requirements. Bank shall not be liable to customer as an insurer of such property. You represent that you are the legal owner of the Account(s) and other financial information which may be accessed via the Digital Wallet Service. If we do not have current exchange rates for the particular foreign currency involved, we will use our best efforts to promptly convert the currency through reasonable commercial and/or banking channels, and you agree to pay us a reasonable fee for such services. You further represent that you do not derive any of your income from entities that are engaged in in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). Judgment may be entered upon any award in any court having jurisdiction. J. All 155 branches 1,200 frost atms are located at in San Antonio. Upon termination of the license, you must cease all use of the Digital Wallet Service and Mobile Card and delete all Mobile Card(s) from the Digital Wallet Service. A copy of the Substitute Check or the following information to help us identify the Substitute Check: the check number, the name of the person to whom you wrote the check, and the approximate amount of the check. On death of the Account owner, ownership of the Account passes as part of the Account owners estate by will or by intestacy. The amount of our loss which we may recover from you may be limited under the Check 21 Regulations. (1) Individual Accounts (9) Multiple Signatures We are not required to monitor or enforce any multiple- signature requirement, even if your Signature Card specifies that multiple signatures are required or you have otherwise instructed us to do so. Note that many banks charge a fee for cashing a check if you aren't an account holder there, like the following: Bank of America, Member FDIC: $8 for checks greater than $50. Those time limits are applicable as follows: (1) Unless a longer time period is required by statute or governmental regulation, such as under Regulation E, and the time period may not be modified by agreement, you must notify us in writing within thirty (30) calendar days after we made the statement available to you by mail, through Online Statement Delivery (if applicable) or if you have requested us to hold your Account statements (a Statement Hold Request) if: An Item or other transaction listed is one you did not authorize, is altered, or is fraudulent; A deposit is missing from the Account statement; A Wire Transfer listed is one you did not authorize, is altered, or is fraudulent; Your Account statement contains any errors; or. We are here to answer any questions you may have about this Agreement or about your Frost Bank Account (s). Also, you understand that in certain instances we may request from time to time the Original Check to respond to claims made by the drawer of the check. (3) Delivery and Receipt of Notices Notices sent or made available to any Account Holder are deemed to be received by all Account Holders. All endorsements must appear on the back of the check or other item within the first 1-1/2 inches from the left side of the item when looking at it from the front, except that for Substitute Checks, endorsements that appeared on the back of the Original Check must also appear on the back of the Substitute Check. (3) Notice Requirements Furthermore, you understand and acknowledge that if you do not implement and follow your own commercially reasonable hardware, software, physical access and physical storage Security Procedures regarding any of the data owned by you, which includes such data containing the sensitive personally identifiable information (PII) of any individual, the security of your Digital Deposits and/or the data owned by you (including sensitive PII) may be compromised. However, you agree that you will not use Digital Deposits to submit any of the following: Checks or items payable to any person or entity other than you/your company. No Frost Bank customer will interfere with the safe operation of any Premises, and will comply with the instructions of Frost Bank employees, including security personnel. Funds are available in cash or loaded to your H-E-B Netspend Prepaid VISA Debit Card.No need for a bank account or waiting on funds to be available. We are not required to determine your Current Balance more than one (1) time during this period. Fees could reduce earnings on the account. Our policy is to generally make funds from your check deposits available to you on the first Business Day after the day we receive your deposit. Frost Brokerage Services, Inc. is a wholly owned subsidiary of Frost Bank. Q. Overdraft means any event that results in your Account having a negative Current Balance. The subaccounts will be comprised of a savings account and a transaction account. A. Q. You acknowledge that use of an ineligible Mobile Device with the Digital Wallet Service is expressly prohibited, constitutes a breach of these terms and is grounds for Frost to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in the Digital Wallet Service. (iii) Totten Trust Account If you, either alone or in combination with someone else, are named trustee(s) to this type of Account, then you own the Account in proportion to each of your net contributions to the Account. Arbitration shall occur in the county seat of the Texas county of your permanent residence, or if your permanent residence is outside the State of Texas or the U.S., then in San Antonio, Texas. You represent that you are an authorized user of the Mobile Device you will use to access the Digital Wallet Service. The mediation itself as well as the outcome of mediation shall be kept strictly confidential. For two-party personal checks, the limit is $200, and for all other checks, it's $5,000though Walmart does increase this to $7,500 from . (3) Initial Interest Rate The Initial Interest Rate is the current annual rate of interest that we will pay on the specified balance in your Account. For fixed rate Accounts, we will use the rate in effect for your deposit. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. That organization will apply its procedures in effect at the time the arbitration claim is filed. We will not be liable for the lack of care of any bank we use to collect checks, or for checks lost while being shipped. You may not stop payment on an official, certified, cashiers, or tellers check issued by us, or request us to stop payment if we have otherwise become accountable for the check. For information regarding our applicable depository cut-off times with regard to receipt of deposits via Digital Deposits, you should consult the Documentation made available to you for this purpose. If your account has been compromised, should you decide against closing an Account as required by us, or if you decide not to implement products or services that are designed to deter fraudulent activity after we have required you to implement such products or services, you will be precluded from asserting any claims against us for any fraudulent activity. Electronic funds transfers refers to the following activities with respect to a Personal Account: ATM and Debit Card transactions (including POS transactions), direct deposits of payroll checks or government checks, preauthorized withdrawals, other direct deposits, use of our 24-hour automated phone system or use of Frost Online Banking Services. F. Use of Your Mobile Cards The funds in the other Account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited. L. Hold means any funds that are in your Account but that you cannot withdraw because of Legal Process or other reasons as set forth in this Agreement, but does not include Funds Availability Holds. At any time, at Frosts sole discretion and without prior notice, Frost may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Mobile Card or change the enrollment process. (13) Re-presented Checks You may authorize a merchant to create an electronic withdrawal from your Account for the amount of your check when the original paper check is returned to the merchant for insufficient or uncollected funds. - View and zoom, save and print cleared check images. We may include your name, address and other required information within the Wire Transfer instruction, so we may comply with international and foreign payment regulations and requirements. YOUR WILL MAY NOT CONTROL THE DISPOSITION OF FUNDS HELD IN SOME OF THE FOLLOWING ACCOUNTS. What information am I required to provide to the Bank to complete a CTR? We may determine the Current Balance in your Account that is used to determine whether or not a transaction is paid or results in an Overdraft at any time between the earlier of: (1) when the withdrawal or debit is presented to us for payment (by electronic or other means) or the time we receive notification that the withdrawal or debit has been deposited for collection at another financial institution; or (2) the deadline for us to take action on the Item. All endorsements must appear on the back of the check or other item within the first 1-1/2 inches from the left side of the item when looking at it from the front, except that for Substitute Checks, endorsements that appeared on the back of the Original Check must also appear on the back of the Substitute Check. In order to serve you better, and for quality assurance and other purposes, we reserve the right, but are not obligated to, record any customer service or other telephone calls between you and the Bank, and you consent to any recording. Yes. Federal law requires all banks to obtain certain information on all cash sales of monetary instruments between $3,000 and $10,000. Schedule refers to any document specifying rates, fees or transaction limits pertaining to the Account in question, including, but not limited to, a Truth in Savings, Time Certificate of Deposit, Confirmation of Time Deposit, or any schedule setting forth Frost fees, limits, or both. All costs, expenses, and fees with regard to any mediation, except for each Partys attorneys fees, shall be divided equally between you and the Bank, and you and the Bank shall each be solely responsible for payment of each Partys share of such costs, expenses and fees. (4) Substitute Checks Deposited by You Should you receive a valid Substitute Check from someone else that has not yet been collected, you may deposit that Substitute Check in the same manner as you would deposit an Original Check you received. Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks. Frost likewise is not responsible for any information or other services provided to you by your Digital Wallet provider or any other third parties associated with any Digital Wallet. (14) Electronic Checks You may give a merchant information about your checking Account over the phone or over the Internet and authorize them to create an electronic withdrawal from your Account. Frost Bank may pay any sum in the Account to a Party, including a Partys Power of Attorney or agent, at any time. Within a timeframe agreed upon between Smart Safe Vendor, customer and Bank, the contents contained within the Smart Safe shall be removed by the designated Smart Safe Vendor and physically transported to a location directed and approved by the Bank for verification. Such license does not allow you to use the Mobile Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run the Digital Wallet Service or the Mobile Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Mobile Card or the Digital Wallet Service available over a network where it could be used by multiple devices at the same time. 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