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Change in Terms - Mobile Terms and Conditions

JOHNSON BANK MOBILE TERMS AND CONDITIONS

END USER TERMS

This service is provided to you by Johnson Bank and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and Johnson Bank which may be referred to as “we”, “our” or “us”. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

TERMS AND CONDITIONS

Thank you for using Johnson Bank Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 86434. To cancel your plan, text "STOP" to 86434 at any time. If you text “STOP” you will no longer receive Secure Access Codes via text message or other important account alerts for which delivery method was SMS Text Message. In case of questions please contact the Johnson Financial Group Customer Support Center at jcsc@johnsonfinancialgroup.com or call 1.888.769.3796.

Terms and Conditions:

  1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Johnson Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
  2. The services are provided by Johnson Bank and other third-party vendors. You and Johnson Bank are solely responsible for the content transmitted through the text messages sent to and from Johnson Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.).
  3. A Business Day is defined as Monday through Friday, federal holidays are not included. Branches or locations may close on a Business Day due to emergency conditions or at the Bank's discretion.
  4. You must be enrolled in Johnson Bank's eBanking to access these services. The services are subject to the “Agreement to Accept Terms and Conditions for Electronic Banking and Bill Payment” you accepted upon enrollment to eBanking, the Deposit Account Disclosures and Agreement (DADA) provided to you at account opening, along with terms and conditions contained in this document. Johnson Bank reserves the right to alter charges and/or these Terms and Conditions from time to time, and may terminate, discontinue or suspend the service at any time. In the event of a conflict between these Terms and Conditions and any other document governing your relationships with Johnson Bank, the terms herein shall prevail and govern.
  5. Services available to you through your mobile device include viewing account balances and account history, conducting account to account transfers between linked accounts within Johnson Bank, paying bills, receiving alerts, and locating branches or ATMs. Additional services may be added as they become available.
  6. Johnson Bank may at its discretion limit services for individuals under the age of eighteen (18).
  7. You are able to make bill payment transactions using this service. Daily bill payment limits made through your mobile device cannot exceed the per item or aggregate daily transaction limits as stated in the “Agreement to Accept Terms and Conditions for Electronic Banking and Bill Payment”.
  8. Transfer of funds may occur immediately and once you initiate a transfer you will have no ability to stop the transfer. Johnson Bank is not liable for any transfer of funds, including without limitation, funds transferred for incorrect amounts.
  9. You should only access this service from a mobile device you own. Your mobile device and login information should be kept secure. If your mobile device is lost or stolen, or if you believe your login information has been compromised, you can deactivate this service by contacting the Johnson Financial Group Customer Support Center at 1.888.769.3796.
  10. You understand and agree that mobile banking messages may not be encrypted and may contain personal or confidential information about you, such as your mobile phone number, your wireless provider's name, and the date, time, and content of any mobile banking messages including account activity and status of your accounts and other information that you or we may provide. Johnson Bank may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless provider and other service providers may also collect data from your mobile banking usage, and their practices are governed by their own policies. We are not responsible or liable for the acts or policies of such service providers. We will only use the information you provide to us from your mobile banking usage in connection with our eBanking service. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with our mobile banking service, you agree to provide accurate, complete and true information. We will not be responsible or liable for losses or damages arising from any disclosure of your account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through mobile banking.
  11. You represent that you are the owner or authorized user of the mobile device you use to receive the services, that you are authorized to approve charges, and agree that we may send messages through your wireless provider to you.
  12. Hardware and Software Requirements – You must have a mobile device (iPhone®, iPad®, or Android™ phone)1 that is acceptable for use with mobile banking and Remote Deposit Capture (as defined below) and a wireless plan from a compatible mobile wireless provider. Additional devices will be added to this plan as they become available to this service.
  13. Restrictions on Use – You agree not to use the services for any illegal, fraudulent, unauthorized or improper manner or purpose and will only use the services 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. Without limiting the foregoing, you agree that you will not use the services to transmit or disseminate: (i) 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; (ii) 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 provider or any of its clients or subscribers; (iii) material that is illegal or, as determined by us (at our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene or otherwise objectionable; (iv) computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) any material that is false, misleading or inaccurate; or (vi) any material that would expose us, any third party service provider involved in providing the services, or any other third party to liability. You agree that you will not attempt to: (i) access any software or services for which your use has not been authorized; or (ii) use or attempt to use a third party's account; or (iii) interfere in any manner the provision of the services or software, the security of the services or software, or other customers of the services or software, or otherwise abuse the services or software. You agree that services are for personal use only.
  14. CONSUMER CUSTOMERS – For additional detailed information about your rights and responsibilities regarding electronic funds transfers under Regulation E, please refer to the Disclosure and Agreements for Electronic Services (DAES) provided at account opening or information provided in the “Agreement to Accept Terms and Conditions for Electronic Banking and Bill Payment” within eBanking.
  15. Any duty you have to indemnify or hold Johnson Bank harmless under this Terms and Conditions shall survive termination hereof.
  16. Johnson Bank is not responsible or liable for the acts, omissions, systems or services provided by the Licensor or any of the provisions of Section B, which is the responsibility of the Licensor. Johnson Bank is not liable for any delays or failures in your ability to access the services or in your receipt of any text messages, as access and messaging are subject to effective transmission from your network provider and processing by your mobile device, as well as delays and interruptions in the Internet.
  17. You understand that we may terminate your use of these services at our sole discretion should we believe that you are misrepresenting or misusing any part of these services in violation of this Agreement.
  18. We may, from time to time, introduce new features to Mobile Banking services or modify or delete existing features at our sole discretion. We will notify you of any changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
  19. You agree to notify us promptly of any errors, omissions, or discrepancies that result from use of services and features outlined in this Agreement within the time periods established in your Deposit Account Disclosures and Agreement (DADA) which was provided to you at account opening. You may notify us by emailing us at jcsc@johnsonfinancialgroup.com, writing to our Johnson Financial Group Customer Support Center at, 555 Main Street – Suite 390, Racine, WI 53403, or calling our Johnson Financial Group Customer Support Center at 1.888.769.3796.

1 iPhone® and iPad® are trademarks of Apple, Inc., registered in the U.S. and other countries. Android™ is a trademark of Google LLC.

Additional Terms and Conditions for Remote Deposit Capture

Remote Deposit Capture services (RDC) hereafter referred to as “Mobile Deposit”, are designed to allow you to make deposits to an eligible account using your camera-enabled mobile device. Your mobile device must be capable of capturing check/draft (Item) images and associated deposit information and electronically delivering these images and information to Johnson Bank or its processor. The device must capture an image of the front and back of each Item to be deposited, must be able to read and capture the Magnetic Ink Character Recognition (“MICR”) line on each Item; and must read and capture all other data and information as required by these Terms and Conditions or Federal Reserve regulations for the processing of these Items for payment.

Deposit Limits:

Johnson Bank reserves the right to establish and assign to you deposit limits for Mobile Deposit (including limits on the dollar amount and/or number of Items and other payment instruments that you may transmit through Mobile Deposit each Business Day) and to modify such limits from time to time at Johnson Bank's sole discretion, and you agree to comply with all such limits. The current limits are:

Cut-Off Times:

If your deposit is received prior to 8:00 p.m. Central Time on a Business Day, your request will be processed on that same day. If your deposit is received on or after 8:00 p.m. Central Time or on a non-Business Day, your request may not be processed until the next Business Day.

Endorsements and Procedures:

You agree to restrictively endorse, on the back of the document, any Item transmitted through Mobile Deposit with “FOR MOBILE DEPOSIT ONLY, JOHNSON BANK” along with your signature under the restriction. Any loss Johnson Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

Ineligible Items:

You agree that you will not use the remote deposit service to deposit any of the following Items:

Rejection of Deposits:

You agree that all deposits received by Johnson Bank are subject to verification and final inspection and may be rejected by us at our sole discretion, and you shall be liable to Johnson Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against Johnson Bank relating to such deposits. Johnson Bank is not liable for any service or late charges that may be imposed against you due to rejection of any Item that you transmit for deposit through Mobile Deposit. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to an Item being returned. You acknowledge and agree that, while Johnson Bank normally provides notice of rejected deposits, we may reject any Item transmitted through Mobile Deposit at our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If Johnson Bank rejects an Item for remote deposit, you may be asked to physically deposit the original Item at any of our offices.

Regulation CC (Availability of Funds) does not apply when you transmit the electronic images of deposit items to us; however, funds from deposits made by Mobile Deposit will generally be made available for withdrawal by the next Business Day after the day of deposit. We may apply additional delays on the availability of funds based on any other factors as determined by us at our sole discretion.

Storage, Security and Destruction/Disposal of the Original Items:

After you receive confirmation that Johnson Bank has received an image, we recommend you securely store the original Item for 10 Business Days after transmission to us and make the original Item accessible to us at our request. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 10 Business Day retention period expires, you must destroy the original Item by first marking it “VOID” and then destroying it by cross-cut shredding or another secure means of destruction. After destruction of the original Item, the image will be the sole evidence of the original Item.

Unpaid Items:

As set forth in the Deposit Account Disclosures and Agreement (DADA), if any Item has been returned for any reason, you authorize us to deduct that amount from your account. You are solely responsible for verifying that Items that you deposit by using Mobile Deposit have been received and accepted for deposit by Johnson Bank. Johnson Bank will provide you with notice of any deposit that it is unable to process because an Item was returned unpaid by the paying financial institution. You agree to accept such notices at your email address on file with us, but Johnson Bank may choose any reasonable method for providing such notices to you. In the event that Johnson Bank credits your account for an Item that is subsequently dishonored and returned, you authorize Johnson Bank to debit the amount of such Item plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with Johnson Bank at our sole discretion. Our right to charge your account(s) will apply without regard to whether the Item was timely returned or whether there is any other claim or defense that the Item was improperly returned. You understand and agree that since the original Item is your property, it will not be returned and Johnson Bank may charge back an image of the Item, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Item or a substitute Item. You may not use Mobile Deposit to deposit a substitute Item and you may not deposit the original Item through Mobile Deposit or in any other manner if you receive a dishonored Item. You agree to comply with any additional instructions Johnson Bank may provide to you in connection with returned Items.

Duty to Report Errors:

Johnson Bank will make available to you periodic statements that will identify the deposits that you make through Mobile Deposit. In addition, you may access Johnson Bank's eBanking service for information about your deposits, return Items, deposit adjustments, Items and other transactions on your accounts. You agree that it is your responsibility to review all such information that Johnson Bank makes available to you in a timely manner to verify that deposits made through Mobile Deposit have been received and accepted by Johnson Bank and are accurate. Receipt of an Item by Johnson Bank through Mobile Deposit does not constitute an acknowledgement by Johnson Bank that the Item is error-free or that we will be liable for the Item. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Deposit Account Disclosures and Agreement (DADA) which was provided to you at account opening. You may notify us by emailing us at jcsc@johnsonfinancialgroup.com, writing to our Johnson Financial Group Customer Support Center at, 555 Main Street – Suite 390, Racine, WI 53403, or calling our Johnson Financial Group Customer Support Center at 1.888.769.3796. To maintain the security of your account(s), do not include any personal financial information in an email transmission. You agree to cooperate in any investigation by Johnson Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify Johnson Bank of any error, omission or other discrepancy in accordance with these Terms and Conditions and your Deposit Account Disclosures and Agreement (DADA) shall relieve us of any liability for such error, omission or discrepancy.

Presenting Items More Than Once:

Once you have used Mobile Deposit to deposit an Item you agree not to present or negotiate, or allow anyone else to present or negotiate, that original Item or a substitute Item of that original Item again for deposit through Mobile Deposit or by any other means.

Authentication Method:

You agree that Johnson Bank is entitled to act upon instructions we receive with respect to Mobile Deposit under your user ID, password, or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). To the extent permitted by applicable law, you are liable for all transactions made or authorized with the use of your Authentication Method. Johnson Bank has no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Deposit Account Disclosures and Agreement (DADA) and these Terms and Conditions. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. By accessing Mobile Deposit with your Authentication Method, you authorize Johnson Bank to complete the requested transaction(s) through Mobile Deposit. Any requests or instructions Johnson Bank receives from you through Mobile Deposit using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Items deposited, Item images, changes to accounts or services or any other communication you provide us through Mobile Deposit using your Authentication Method.

Data Security:

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify the Johnson Financial Group Customer Support Center immediately by telephone at 1.888.769.3796 or with written notice to the Johnson Financial Group Customer Support Center at 555 Main Street – Suite 390, Racine, WI 53403, if you learn of any loss or theft of original Items. You will ensure the safety and integrity of original Items from the time of receipt until the time of destruction.

Cooperation with Investigations:

You agree to cooperate with Johnson Bank 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.

Indemnification and Hold Harmless:

You agree to indemnify and release Johnson Bank from any and all liability, and agree not to make any claim or bring any action against us, relating to: (a) an Item or substitute Item that has been presented or deposited more than once, in violation of these Terms and Conditions, or (b) our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. To the extent that funds in your account are insufficient to cover such amount, we may debit the deficiency amount from any of your other account(s) with Johnson Bank at our sole discretion.

Additional Terms and Conditions for Managing Payees

Johnson Bank allows you to add, delete, or edit payee information using the Bill Payment service.

Your Responsibilities:

You agree to provide accurate information to properly identify your payees and direct your payment. You must complete all required fields with accurate information. You further authorize us to update or change any of your payee information as provided by you.

You agree not to pay payees to whom you are obligated for tax payments, payments made pursuant to court orders (including court ordered amounts for alimony or child support), fines, gambling debts, or payments otherwise prohibited by law.

Deleting Payee Information:

You are able to delete payees from your personal payee directory. Deleted payees for which there are no scheduled payments will be removed from your personal payee directory. If you delete a payee for which a scheduled payment is assigned, the payee and all scheduled payments will be deleted.

Liability:

You agree that Johnson Bank is not liable for losses or damages for late, or undeliverable payments that result from inaccurate data you provide, or for losses or damages resulting from payments not finalized as a result of deleted payees.

Zelle Network® Standard Terms

Description of Services:

a. Johnson Bank has partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). Johnson Bank will refer to financial institutions that have partnered with Zelle as "Network Banks."

b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.

c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

d. A User means you and others who are registered with Zelle through Johnson Bank, directly through Zelle or through another financial institution that partners with Zelle.

Eligibility and User Profile:

When you enroll to use the Zelle Payment Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. Johnson Bank reserves the right to decline your enrollment if Johnson Bank believes that you are enrolling to use the Service with your business account or to receive business or commercial payments. Johnson Bank further reserves the right to suspend or terminate your use of the Service if Johnson Bank believes that you are using the Service for business or commercial purposes, or for any unlawful purpose.

Johnson Bank may amend or supplement this Agreement from time to time. Your continued use of the Zelle Payment Service after the date of the amendment will be considered your agreement with the amendment.

Consent to Share Personal Information (Including Account Information):

All information gathered from you in connection with Zelle Payment Services will be governed by the "Notice Regarding the Privacy of Your Personal Information with Johnson Financial Group". You authorize Johnson Bank to use the email addresses and telephone numbers that are associated with you to process and route transfer transactions to and from your Accounts.

The information Johnson Financial Group provides may include your name, address, telephone number, and email address. You irrevocably waive any provision of our "Notice Regarding the Privacy of Your Personal Information with Johnson Financial Group" which would prevent Johnson Bank from providing this information in connection with any transfer transaction to which you are a party.

Privacy and Information Security:

Johnson Financial Group makes security and the protection of your information a top priority. You can access our "Notice Regarding the Privacy of Your Personal Information with Johnson Financial Group" on the Johnson Financial Group website at https://www.johnsonfinancialgroup.com/Privacy-Policy which is incorporated into and made a part of this Agreement by this reference.

Wireless Operator Data:

Johnson Bank or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider, solely to allow verification of your identity and to compare information you have provided to Johnson Bank or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle's Privacy Policy for how it treats your data.

Enrolling for the Service:

a. You must provide Johnson Bank with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.

b. Once enrolled, you may:

i. Authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
ii. Receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."

If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

Consent to Emails and Automated Text Messages:

By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails or text messages from Johnson Bank, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that Johnson Bank may, Zelle may, or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify Johnson Bank if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either Johnson Bank or Zelle or that Johnson Bank may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that Johnson Bank sends or that Zelle sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from Johnson Bank or Zelle, including messages that you may send through Johnson Bank or through Zelle or that Johnson Bank may send or Zelle may send on your behalf.
e. To cancel text messaging from Johnson Bank, send STOP to 86434. For help or information regarding text messaging, send HELP to 86434 or contact our customer service at 1.888.769.3796 or jcsc@johnsonfinancialgroup.com. You expressly consent to receipt of a text message to confirm your "STOP" request.
f. Supported Carriers: U.S. based mobile phone carriers that support text messaging and wireless Internet Service capabilities in order to receive email or text messages related to the Zelle Payment Service.

Receiving Money; Money Transfers by Network Banks:

Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Zelle Payment Service, you agree and authorize Johnson Bank to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, Johnson Bank, Zelle and the other Network Banks, Johnson Bank may need, or Zelle may need additional time to verify your identity or the identity of the person sending the money. Johnson Bank may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If Johnson Bank delays or blocks a payment that you have initiated through a request for money, Johnson Bank will notify you in accordance with your User preferences (i.e. email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

Sending Money; Debits by Network Banks:

You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for Johnson Bank to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, Johnson Bank, Zelle and the other Network Banks, Johnson Bank may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If Johnson Bank delays or blocks a payment that you have initiated, Johnson Bank will notify you in accordance with your User preferences (i.e. email, push notification).

Johnson Bank has no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

Liability:

Neither Johnson Bank nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of Johnson Bank or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither Johnson Bank nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

You agree that notwithstanding any other provision of this agreement, Johnson Bank is not liable for any fees, costs, losses or damages of any kind incurred by you as a result of our access to accounts; our ability or inability to debit and/or credit accounts in accordance with your funds transfer instructions; any inaccuracy, incompleteness or misinformation contained in the information retrieved on the accounts; any charges imposed, or actions taken, any funds transfer limitations set, any liability arising from the receipt or non-receipt of third party notifications sent to transfer funds recipients' email addresses or mobile phone numbers provided to Johnson Bank.

You agree that you, not Johnson Bank or Zelle, are solely responsible for resolving any payment or disputes that you have with any other member with whom you send money to, or receive or request money from, using the Zelle Payment Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

Send Limits:

There are limits on the amount of money you can send or receive through the Zelle Payment Service. Johnson Bank may change these limits at any time at our sole discretion.

Requesting Money:

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither Johnson Bank nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither Johnson Bank nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, Johnson Bank may decide orZelle may decide, in our sole discretion, that Johnson Bank will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks, including Johnson Bank, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by Johnson Bank or by Zelle. Neither Johnson Bank nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

Johnson Bank reserves the right, but assumes no obligation, to terminate your ability to send requests for money, or to specific recipients, if Johnson Bank deems such requests to be potentially unlawful, abusive, or unwelcome by the recipient.

Transaction Errors:

Johnson Bank relies on information provided by you and you authorize Johnson Bank to act on any instruction, which was or reasonably appears to have been sent by you, and to submit fund transfer instructions on your behalf. Johnson Bank is not obligated to take any further steps to confirm or authenticate instructions and will act on them without further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, ambiguities, duplication, or fraud in the information that you provide. If any information you provide is untrue, inaccurate, incomplete, or not current, Johnson Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the information you provide.

Your Liability for Unauthorized Transfers:

Advise Johnson Bank at once if you believe your User ID and Password or biometric information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Contacting Johnson Bank immediately is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if any). Contact information for error resolution is provided in this Agreement.

If you furnish another person with means of access to your account, all transactions completed by this person shall be deemed authorized until you give Johnson Bank notice that additional transactions are unauthorized. Until such notification is received by Johnson Bank, any misuse shall be your sole responsibility. Johnson Bank shall have no liability to you for any errors or losses you sustain in using the Zelle Payment Service except where Johnson Bank fails to exercise ordinary care in processing any transaction.

Liability for Failure to Complete Transfers:

Johnson Bank does not make any representation or warranty that any particular transfer transaction can be completed, or that it will be completed within a particular period of time. You understand and agree that Johnson Bank has no control over the actions of other members, or of other financial institutions, which may prevent or delay a transfer transaction from being completed. Johnson Bank is not obligated to make any transfer you request unless there are sufficient available funds in your account to cover the transfer.

Johnson Bank reserves the right to decline or cancel any payment instructions to carry out change or cancellation requests. Johnson Bank may, at our discretion, not complete a transfer transaction for any reason. Johnson Bank may, at our discretion, accept instructions from any Zelle member or from a member's financial institution to block your attempts to use the Zelle Payment Service to initiate transfer transactions with Zelle Payment Service members.

Johnson Bank will not be liable for any loss or damage resulting from the following:

Fees:

Johnson Bank does not currently charge any fees for usage of the Zelle Payment Service. Johnson Bank reserves the right to charge additional fees in the future for use of the Zelle Payment Service. You are responsible for any and all telephone access fees and Internet service fees or charges that you may be assessed by your telephone and Internet service provider.

Use of Our Online Banking Site and/or Mobile App:

You agree to access this website and/or mobile app in compliance with our eBanking Disclosure which is available at www.johnsonfinancialgroup.com/change-in-terms-myjfg-ebanking-disclosure and incorporated into and made part of this Agreement by this reference.

Cancellation of the Service:

Johnson Bank reserves the right to cancel your access to this Service at any time and for any reason at our discretion.

You may cancel the Zelle Payment Service by contacting the Johnson Financial Group Customer Support Center at 1.888.769.3796 or jcsc@johnsonfinancialgroup.com. By canceling the Zelle Payment Service, any pending transactions will also be terminated. When you cancel the Zelle Payment Service, you will no longer be able to access or use the Zelle Payment Service and you will not receive a refund of usage fees, if any. When you cancel the Zelle Payment Service, it will not cancel your other online or mobile services.

Right to Terminate Access:

In the event you violate any terms of this Agreement, or there are unauthorized or fraudulent transactions related to your Account or use of the Zelle Payment Service, you agree that Johnson Bank may suspend or terminate your access to the Zelle Payment Service at any time. Johnson Bank reserves the right to terminate your ability to send requests for money, or to specific recipients, if Johnson Bank deems such requests to be potentially unlawful.

Johnson Bank may, in our sole discretion, at any time and without prior notice to you or other Zelle participants, suspend or terminate: 

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification:

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks, including Johnson Bank, from and against all claims, losses, expenses, suits, judgements, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.

Governing Law; Choice of Law; Severability:

This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the State of Wisconsin. The parties hereby agree that the Wisconsin Circuit Court for Racine County and the United States District Court for the Eastern District of Wisconsin shall have exclusive jurisdiction over any controversy relating to this Agreement. You hereby submit to the personal jurisdiction of such courts, waive any claim or defense based on the jurisdiction or venue of such courts, and agree not to commence an action against Johnson Bank in any other court.

If any clause, or portion of a clause, in this Agreement is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of this Agreement shall continue to be in full effect.

Miscellaneous:

Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond Johnson Bank or Zelle's control. Live customer service generally will be available Monday through Friday, excluding US bank holidays. Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

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 Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
  3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
  4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-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 Agreement.
  7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
  8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

Revised July 20, 2021