Digital Services Agreement

Last updated: 10/04/2022

This Digital Services Agreement ("Agreement") governs your use of websites and mobile applications owned by Vantage Bank Texas; an affiliate of such entity that holds your accounts or provides you services; and/or any agent, independent contractor, designee, or assignee that we may at our sole discretion involve in the provision of the following websites and mobile applications ("Vantage", "we", "us" or "our"):

• Vantage Bank Online
• Vantage Bank Mobile
• Vantage Bank Business Online
• Vantage Bank Business Mobile (collectively, the “Digital Platforms”).

In this Agreement, we outline your obligations to us and our obligations to you as a user and provider of the Digital Platforms, respectively. Certain mobile products, services, functionality, and associated documentation or software available on a mobile application or otherwise through the use of a mobile device or tablet device (“Mobile Service”) and certain online products, services, functionality and associated documentation or software available on a website through the use of a computer are available to you on digital platforms and certain third-party digital platforms as determined by us from time to time (collectively, “Services”). These Services include, but are not limited to

• Alerts
• Bill Payments
• Transfers, including Account to Account Payments (A2A)
• Person to Person (P2P) Payments
• Real-time Payments
• Digital wallets / third-party wallets
• Mobile Transactions, including mobile deposits and transfers

If you have any questions regarding this Agreement, please call Customer Service at 866-580-7262.
NOTE: All references to the “Online Banking Agreement” or “Internet Banking Agreement” in any addenda to the Online Services Agreement, displayed on the Digital Platforms, or in any communications that we send to you, shall be replaced by this Digital Services Agreement.

This agreement contains the terms and conditions that govern your use of the digital platforms and services offered by Vantage Bank. When you use, access, or permit any other person(s) or entity(ies) to use or access, the digital platforms or services on your behalf, you agree to the terms and conditions of this Agreement.

Additionally, you agree to be bound by and comply with such other written requirements as we may provide to the digital platforms or services, including, but not limited to, all account agreements, any end user license agreements (EULA), and all applicable State, Federal, and International laws and regulations. To the extent that there is a conflict between the terms of this agreement and your applicable account agreements with us, any addenda to this agreement or any EULA provided in conjunction with your use of the digital platforms and services, the terms of your account agreement, the addenda or the EULA, as the case may be, will control except as may be otherwise stated in this Agreement.

Services described in this agreement, as well as any associated fees, charges, interest rates, and balance requirements, may differ among geographic locations. Not all services are offered at all locations. Therefore, you may not be eligible for all services described in this agreement. We reserve the right to determine your eligibility for any service. By offering the services via the digital platforms, we make no distribution or solicitation to any person and/or entity to use the services in jurisdictions where the provision of the services is prohibited by law.

Fees Associated with the Digital Platforms and Services

• General Access: General access to the digital platforms is currently provided to you at no additional cost. However, you may incur fees if you access or use some of the services available on the digital platforms. Additionally, you will be responsible for paying Internet access service fees and/or mobile data fees incurred while using Internet access to connect with the digital platforms.
• Alerts: There is no service fee for the alerts service, but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider.
• Bill Payments and Transfers Services: For personal accounts, we do not charge a monthly service fee for use of the bill payment service or for account transfers between Vantage accounts. For business accounts, please see your account agreement for fees associated with this service. If we process a bill payment or transfer transaction in accordance with your instructions that overdraws your account, we may assess a fee or charge interest in accordance with the terms of your account agreement. Expediated payments have fees that are disclosed at the time of payment.
• Person to Person Payment: There is no service fee to send or receive payments using the P2P service. Payment recipients may optionally receive expediated funds. Any fees associated with receiving expediated funds will be disclosed and paid by the recipient.

Our records shall be presumed to accurately reflect the contents of your Instructions to us and, in the absence of manifest error, will be binding and conclusive.

You agree to provide a valid e-mail address so that we may send you certain information related to the Digital Platforms, including but not limited to, for the purpose of servicing or managing any of your accounts. Unless otherwise prohibited by law, any communication or material you transmit to us via the Digital Platforms or electronic mail is on a non-confidential basis and we may use such communication or material for any purpose, including, but not limited to, reproduction, publication, broadcast and posting. We are entitled, but not obligated, to monitor, retain and review all communications to us or made via the Digital Platforms, including those by telephone, e-mail and other formats, for reasonable business purposes, such as to survey the quality of service that you receive, to assure compliance with this Agreement and industry regulations, and to maintain the security of the Digital Platforms. You agree that information you provide to us will be complete and accurate.

By accessing the Digital Platforms, you agree we may send you emails and other notifications through your mobile device regarding benefits and features that you may receive in connection with the Digital Platforms. When you give us your mobile phone number, we have your permission to contact you at that number about all your accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from companies working on our behalf to service your accounts. You may contact us at any time to change these preferences or to opt out of these communications.

You agree that you will not transmit any transactional instructions, such as wire transfers, to us using electronic mail. You acknowledge that we will not act upon Instructions transmitted through electronic mail and that we may not be in a position, by virtue of time zone difference and otherwise, to respond to your communications sent by electronic mail within the time frame contemplated by you.

Account information provided to you on the Digital Platforms is not the official record of your account or its activity. Your account statement, furnished to you by us in a paper format, or electronically if you are enrolled in the Paperless Statements Service, will remain the official record. Information provided on the Digital Platforms is generally updated regularly, but is subject to adjustment and correction, and therefore should not be relied upon by you for taking, or forbearing to take, any action.

YOU AGREE THAT ANY INFORMATION OR DISCLOSURE OR COMMUNICATION OR NOTICE REQUIRED OR ALLOWED TO BE MADE TO YOU BY VANTAGE UNDER THIS AGREEMENT MAY BE MADE OR GIVEN TO YOU BY ELECTRONIC COMMUNICATION, INCLUDING BY SENDING IT TO YOU BY E-MAIL TO THE E-MAIL ADDRESS YOU PROVIDE TO BANK, OR BY POSTING IT AS A LINK ON BANK’S WEBSITE. EXCEPT AS OTHERWISE SET OUT IN THIS AGREEMENT, YOU WILL RECEIVE THIS INFORMATION, DISCLOSURES, COMMUNICATIONS, AND NOTICES IN THE ELECTRONIC COMMUNICATION MANNER SET OUT ABOVE. YOU WILL HAVE NO OPTION TO RECEIVE THESE ON PAPER OR IN NONELECTRONIC FORM. YOUR CONTINUED USE OF THE DIGITAL PLATFORMS WILL BE CONSIDERED YOUR AGREEMENT TO ANY CHANGES TO THIS AGREEMENT. IF YOU FIND THE AGREEMENT UNACCEPTABLE TO YOU AT ANY TIME, PLEASE DISCONTINUE YOUR USE OF THE DIGITAL PLATFORMS. IF YOU WITHDRAW YOUR CONSENT TO RECEIVE THESE IN ELECTRONIC FORM, THEN THE SERVICES PROVIDED BY THIS AGREEMENT WILL BE WITHDRAWN; HOWEVER, WITHDRAWING YOUR CONSENT WILL NOT AFFECT THE LEGAL EFFECTIVENESS OR VALIDITY OF ELECTRONIC DISCLOSURES OR RECORDS MADE PRIOR TO SUCH WITHDRAWAL. THIS CONSENT BY YOU APPLIES TO ALL INFORMATION, DISCLOSURES, COMMUNICATIONS, AND NOTICES REFERRED TO IN THIS AGREEMENT, INCLUDING TERMS AND CONDITIONS OF OUR DIGITAL BANKING PLATFORMS, MONTHLY STATEMENTS, CHANGE-IN-TERMS NOTICES, ANY REVISED PRIVACY POLICY NOTICE, REQUESTS FOR WRITTEN STOP PAYMENT ORDERS, REQUESTS FOR WRITTEN COMPLAINTS OR QUESTIONS RELATING TO POSSIBLE ERRORS IN YOUR ACCOUNT, AND RESPONSES TO ANY ERROR RESOLUTION NOTICE. IF YOU WISH TO WITHDRAW CONSENT TO RECEIVE THESE ELECTRONICALLY, PLEASE CONTACT US AT 1-866-580-7262. PLEASE CALL THE SAME NUMBER IF YOU WISH TO UPDATE THE INFORMATION NECESSARY TO CONTACT YOU ELECTRONICALLY, SUCH AS YOUR E-MAIL ADDRESS.

We may, from time to time, introduce new features to the Digital Platforms or Services, or modify or delete existing features. We shall notify you of any of these changes to features as appropriate as determined by us. By using any new or modified features when they become available, you agree to be bound by the terms and conditions concerning these features.

You are responsible for obtaining, installing, maintaining, and operating all systems necessary for you to access and use the Digital Platforms. You are encouraged to install software updates as they become available to protect yourself against security vulnerabilities.

When you access the Digital Platforms with a web browser, we require that you use a web browser that supports adequate security measures including SSL encryption technology, or other, additional security measures as Vantage may deem necessary. Digital Platform apps require the use of a supported mobile device and mobile operating system. Mobile devices that have been “rooted,” “jailbroken,” or otherwise had their security compromised are prohibited from accessing the Digital Platforms.

You are additionally responsible for obtaining Internet services via the Internet Service Provider or mobile carrier of your choice. You are solely responsible for all associated costs and expenses, including, without limitation, all fees incurred for Internet data transfers and as a result of sending and receiving SMS text messages.

You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the systems used to access the Digital Platforms, and for the transmission and receipt of information using such systems. You acknowledge that you have requested to use and access the Digital Platforms for your convenience, have made your own independent assessment of the adequacy of the Internet and systems, and that you are satisfied with that assessment.

We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your computer, smart phone, tablet, or any other systems used by you, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your systems. In addition, we are not responsible for any virus, malware, or other related problems that may be associated with your use of the Internet in general or your use of the Digital Platforms via the Internet.

Although we may provide a link to a third-party site where you may download software, we make no endorsement of any specific software, hardware, Internet Service Provider, or mobile carrier and your use of any such software, hardware, or service may also be subject to the EULA or other agreements of that provider, in addition to the terms and conditions of this Agreement. You will not use the Services in any manner so as to interfere with the operation of the Digital Platforms.

To prevent unauthorized access to your accounts and to prevent unauthorized use of the Digital Platforms, you agree to protect and keep confidential your account number, debit card number, PIN, user ID, Password, or other means of accessing your accounts via the Digital Platforms. We may at our option change the parameters for your Password without prior notice to you, and if we do so, you will be required to change your password the next time you access the Digital Platforms. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, user IDs, and Passwords could cause you to lose some or all of the money in your accounts and any amount available under your overdraft protection credit line. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, user IDs, and Passwords could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your account numbers, debit card numbers, PINs, user IDs, and/or Passwords to any person or entity, including any employee or agent, you assume all risks and losses associated with such disclosure. If you permit any other person or entity, including any data aggregation service providers, to use the Digital Platforms or to access or use your Card numbers, account numbers, PINs, user IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by any person or entity to whom they may provide that personal and account information. If you believe someone may attempt to use or has used the Digital Platforms to access your accounts without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 1-866-580-7262.

You agree that we may send you information related to the Mobile Services through your Communication Service Provider and that your Communication Service Provider is acting as your agent in this capacity. You agree to provide a valid phone number, e-mail address or other delivery location so that we may send you information related to the Mobile Services, including but not limited to, information about your applicable account.

You understand and agree these services may not be encrypted and may include personal or confidential information about you, such as your account activity or status. Delivery and receipt of information, including Instructions for Bill Payment, Transfer and/or other move money transactions through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet Service Provider(s), Communication Service Provider(s) or other parties, or because of other reasons outside of our control. You also understand that there may be a disruption in service when you change your Communication Service Provider.

Not all of the Services described in the Agreement may be available when you use a mobile device.

Additionally, information available through the Online Services may not be available via the Mobile Services or may differ from the information available via the Mobile Services. Such information available through the Online Services may also be described using different terminology (including capitalized terms used in the Agreement or on certain of our Digital Platforms) or may be more current than the information available via the Mobile Services. The method of entering Instructions via the Mobile Services may also differ from the method of entering Instructions directly through the Online Services.

You authorize your wireless carrier to use and/or disclose information about you and your wireless device to Vantage for the duration of your relationship with us, to help identify you or your wireless device and to help protect against fraud or unauthorized use of our services under this Agreement. Those details may include, among others, name, billing address, email, and phone number.

Your enrollment in the Mobile Services includes access to Alerts and notifications delivered via email, SMS text messages, and/or mobile app push notifications. The Alerts and notifications are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts.

The Alerts and notifications are only available to customers who have an eligible account with us. You may be automatically enrolled to receive certain Alerts.

By opting into the SMS service by providing your mobile phone number, you give permission to be contacted at that number about your accounts by Vantage Bank and third parties working on its behalf. Your consent allows the use of text messages for multifactor authentication, account information, and account servicing.

You can cancel the SMS service at any time by texting “STOP” to the phone number or short code that sent you the SMS message. When you send the SMS message “STOP” to us, we reply with an SMS message that confirms that you have been unsubscribed. After this, you won’t receive any additional SMS messages from us. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.

You can get more information at any time by texting “HELP” to the phone number or short code that sent you the SMS message. When you send the SMS message “HELP” to us, we respond with instructions on how to use our service and how to unsubscribe.

We are able to deliver messages to the following mobile phone carriers all major US carriers. Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for any messages sent to you from us and to us from you. You may receive multiple messages per day based on the number and type of alerts to which you subscribe. Contact your wireless provider for more information about your text plan or data plan.

If you have any questions regarding privacy, read our Online Privacy Policy at https://www.vantage.bank/privacy-security-disclosures/online-privacy-policy and our Consumer Privacy Notice at https://www.vantage.bank/media/smngl3nv/vbt-privacy-notice-11-2018.pdf

For additional assistance with Alerts, contact customer service at 1-866-580-7262.

When you use, or allow another to use on your behalf, the Services to send Instructions to us to make Bill Payments, Transfers, Pay a Person through the Bill Payments Service, Transfers Service, or P2P Service, you agree to the terms and conditions set forth in this Agreement.

You also agree to be bound by and comply with such other written requirements as we may furnish to you in connection with your deposit accounts, prepaid accounts, credit card accounts, and other products that may be accessed via the Bill Payments Service, Transfers Service, or P2P Service, including without limitation, your Deposit Account Agreement, Cardmember agreement, or other terms and conditions governing your account, mortgage, installment loan, or line of credit agreements. In the event of a conflict between the terms applicable to this Section III of this Agreement and such other applicable agreements, these terms and conditions shall control.

All of the Bill Payments, Transfers and Pay a Person that you initiate through the Bill Payments Service, Transfers Service, or P2P Service will appear on the statement for your respective accounts. You agree that you will not use the Bill Payments Service, Transfers Service, or P2P Service for international ACH transactions, which are prohibited under this Agreement.

Not all accounts are eligible for the Bill Payments Service, Transfers Service, or P2P Service. We reserve the right to limit eligibility to certain types of accounts and to change such eligibility from time to time. We also reserve the right to restrict categories of recipients to whom Bill Payments and Transfers may be made in our sole discretion.

As a sender of Instructions to make Bill Payments, Transfers, or Pay a Person using the Bill Payments Service, Transfers Service, or P2P Service, you acknowledge and agree that we may delay or cancel the execution of your Instructions and/or charge back the amount of any credit to the applicable account as we determine in our discretion or claim a refund from you for such amount for various reasons including fraud, duplicate payment, incorrect amount or incorrect recipient. You also agree that we are not responsible for any Bill Payment, Transfer or Pay a Person request if there isn't enough money in the designated Pay From Account.

Repeating Bill Payments and Transfers that are for the same fixed amount each month will be sent on the same calendar day of each month, or on the prior Business Day if the regular Withdrawn date falls on a non-Business Day (for Bill Payments) or on the next Business Day if the regular Transfer date falls on a non-Business Day (for Transfers). Repeating Bill Payments and Transfers will be deducted from your Pay From account on the Withdrawn date or Transfer date, as applicable. In order to authorize a Repeating Bill Payment or Transfer, you agree to have means to print a copy of your authorization for your records. If you do not have a printer, you agree to continue to authorize a Repeating Bill Payment or Transfer on a transaction-by-transaction basis until you have means of printing a copy of your authorization for your records.

If you order us to stop a Repeating Bill Payment or Transfer three (3) or more Business Days before the Withdrawn date or Transfer date, and we do not do so, we will be liable to you for those losses or damages as provided by law.

Prohibited Payments
We reserve the right to refuse to pay any Payee whom you may designate for a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you.

The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel, and/or reverse such payments:

1. Payments to persons or entities located in prohibited territories (including any territory outside of the United States);
2. Payments that violate any law, statute, ordinance or regulation;
3. Payments related to:
   • a. tobacco or marijuana products,
   • b. prescription drugs and devices;
   • c. narcotics, steroids, controlled substances or other products that present a risk
   • d. to consumer safety;
   • e. drug paraphernalia;
   • f. ammunition, firearms, or firearm parts or related accessories;
   • g. weapons or knives regulated under applicable law;
   • h. goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity;
   • i. goods or services that are sexually oriented;
   • j. goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
   • k. goods or services that defame, abuse, harass or threaten others;
   • l. goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous;
   • m. goods or services that advertise or sell to, or solicit others; or
   • n. goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
4. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
5. Payments relating to transactions that
   • a. support pyramid or Ponzi schemes,
   • b. matrix programs, other "get rich quick" schemes or multi-level marketing programs,
   • c. are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
   • d. are for the sale of items before the seller has control or possession of the item,
   • e. constitute money-laundering or terrorist financing;
   • f. are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or
   • g. provide credit repair or debt settlement services;
6. Tax payments and court ordered payments including but not limited to Alimony and Child Support.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to any charity or non-profit organization unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our independent contractors or other third parties to whom we assign or delegate rights or responsibilities be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.

General Terms Applicable to the Bill Payments Service

1. Your responsibilities. You authorize us to remove funds from your designated Pay From account for all Bill Payments that you initiate and you agree to have sufficient available funds on the Withdrawn date or Bill Payment date for each such Bill Payment you schedule. Please note that if you have Overdraft Protection for your Pay From account, available funds in the account that you use for overdraft protection are included in the determination of funds used to pay Bill Payments under the Service. If there are insufficient available funds to cover a Current Day Bill Payment, we will not retry the Bill Payment and it will be immediately rejected. In the case of Future Dated Bill Payments, if sufficient funds are not in your account on the Withdrawn or Bill Payment date we may reject the request, or accept the request and process the Bill Payment for delivery (even if such payment processing causes you to exceed your overdraft protection or limit or overdraw your account). In the alternative, if sufficient available credit or funds are not in your account on the Withdrawn date or Bill Payment date, we will automatically try to debit your account up to two (2) more times on each of the three (3) succeeding Business Days. For these attempts, a status of "Funds Needed" will appear online. After the final attempt, the Bill Payment request will be Cancelled. A status of "Funding Failed" will appear. We will send you a message advising you of each failed attempt to debit your Pay From account.

2. Description of Services. To make Bill Payments, you must maintain an eligible checking account, with us and designate one of your eligible accounts with us as your Pay From account. You may select Payees located within the United States to pay using Bill Payment, subject to our and the Payee's approval with the following exceptions: You agree not to use the Bill Payment Service to pay Payees to whom you are obligated for payments to loan sharks, gambling debts, or illegal payments otherwise prohibited by law.

   The minimum Bill Payment allowed is normally $0.01 and the maximum is $10,000.00. The maximum total dollar amount of all Bill Payments is $25,000.00 in the aggregate attributable to any Business Day. Further, the maximum total dollar amount of all Bill Payments in the aggregate is $50,000.00 weekly and $100,000.00 monthly. Transaction limits may be lower for certain customers based on account history and age.

   To use Bill Payments you must provide sufficient information online to us to properly identify your Payees, direct your Bill Payment, and permit the Payee to identify you as the payment source upon receipt of a Bill Payment. You must complete all required fields with accurate information, as directed by the screen messages.

   By providing us with the names and account information of those Payees to whom you wish us to direct your Bill Payment, you authorize us to follow the Instructions that we receive through the Bill Payments Service. You further authorize us to update or change any of your Payee information (including but not limited to changes to account information, Payee name and mailing address) as requested or provided by your Payee, the U.S. Post Office or pursuant to any updates or changes through other tools and resources we may use from time to time to effectuate the Bill Payment. When we receive a Bill Payment Instruction (for the current or a future date), we will send funds to the Payee on your behalf, from the funds in your Pay From account. You authorize us to charge your designated Pay From account for all Bill Payments that you authorize through the Bill Payments Service. We and any agent used by us in connection with the Bill Payment Service is authorized to prepare Drafts drawn on your Pay From account and/or electronically debit your Pay From account for the purpose of making payments. We are authorized to accept any Draft drawn on the Pay From account on presentment and charge the Pay From account even though it does not bear your signature where such Draft has been issued as part of Bill Payments. Such Drafts may originate from us or any financial institution in the United States used by us or any of our agents.

3. Delivery Method. We remit two types of Bill Payments on your behalf to your Payees: electronic and paper check, depending on your Payees' determined method of receiving Bill Payments. The Delivery Method and lead time expected for each type of Bill Payment your Payee will ordinarily receive will be indicated on the Digital Platforms when your Bill Payment is scheduled. The Delivery Method for a Payee is subject to change. If a Payee no longer accepts electronic Bill Payments, or the Bill Payment encounters delivery errors, Bill Payments to that Payee will be delivered by paper check and the Withdrawn Date will be changed to five (5) Business Days before the Deliver By date for all subsequent Bill Payments and for the most current if the Payee provides us with sufficient notice. If a Payee begins accepting electronic Bill Payments, Bill Payments to that Payee will be processed electronically and the Withdrawn date will be changed accordingly for all subsequent Bill Payments. In addition, if an electronic Bill Payment is undeliverable the Bill Payment may be resubmitted by check. We will notify you via e-mail of a change to a Delivery Method for Pending Bill Payments you have scheduled if that change results in a Delivery Method that increases the delivery time of your Bill Payment, otherwise you will not be notified of Delivery Method changes. Please note that, in some situations, if a Bill Payment is scheduled to be sent electronically to a Payee who can no longer process payments using the Delivery Method in which it was sent, then that payment may be late and we will not be responsible for any associated late charges that might be incurred as a result. Late payments arising from changes in your Payee's Delivery Method are explicitly excluded from coverage of our Guarantee as we have no control over your Payee's acceptance of or changes to a particular Delivery Method.

   While it is anticipated that most transactions will be delivered by the Deliver By date, it is understood that due to circumstances beyond our control, particularly delays in handling and posting Bill Payments by other companies or financial institutions, some transactions may take a few days longer to be credited by your Payee to your Payee account. FOR THIS REASON, YOU NEED TO SELECT A DELIVER BY DATE WHICH IS SUFFICIENTLY IN ADVANCE OF THE ACTUAL DUE DATE (NOT THE LATE DATE) OF YOUR PAYMENT OBLIGATION TO ENSURE THAT YOUR BILL PAYMENT ARRIVES ON OR BEFORE YOUR DUE DATE, AND NOT AFTER THE DUE DATE OR DURING THE GRACE PERIOD. If you fail to do so, we have no liability to you for delayed or lost payments.

4. Additional Terms Applicable to Only Variable Automatic Bill Payments. You may also set up variable automatic bill payments for select Payees participating in the e-Bills Service. Variable automatic bill payments differ from repeating payments in that variable automatic payments are triggered based on the associated billing date and/or the bill due date, as set up by you, and the payment amount may vary each month. While it is anticipated that most variable automatic bill payments will be delivered by the Deliver By date you set, it is understood that due to circumstances beyond our control, particularly when your Payee is late in providing the e-Bill and/or we receive the e-Bill too close to, on, or after the bill’s due date, WE MAY BE UNABLE TO PAY THAT BILL AND YOU WILL HAVE TO MAKE ALTERNATIVE PAYMENT ARRANGEMENTS DIRECTLY WITH THE PAYEE. These terms apply in addition to the other terms applicable to repeating payments in this Section III(A)(1), and additional terms for variable automatic bill payments may be presented to you at the time you set up the variable automatic bill payment.
5. Canceling Bill Payments. You may cancel any Pending or Funded Bill Payment if you do so no later than the Cutoff Time on the Withdrawn Date. Funds will be returned to your Pay From account by the following Business Day. You may not stop a Bill Payment after the Cutoff Time has passed.

Duplicate Payments
If you submit a duplicate Bill Payment request, an error message may be displayed on the Digital Platforms but you may choose to bypass the message and schedule the Bill Payment.

e-Bills is a feature of the Bill Payment Service that enables you to receive bills electronically from participating Payees.

1. Electronic Communications/Payee Terms. By activating e-Bills, you agree to abide by the terms and conditions stated in this Section to get e-Bills, and to get other related communications electronically. By activating e-Bills, you will be required to agree to each Payee’s terms and conditions, which will also include the requirement to not to receive paper bills. For avoidance of doubt, you understand and agree that enrollment into eBills will terminate the provision of paper statements to you by the Payee, including any reformatted paper statements, i.e. Braille or enlarged font, that you were receiving from the Payee, and any accommodations or exceptions will be agreed upon and made between you and the Payee and not Vantage Bank.
2. Limitations. You must enroll each Payee individually in e-Bills. You also acknowledge and agree that the right to activate and receive e-Bills for each Payee is limited to one financial institution. If you activate e-Bills for a particular Payee through us, you will no longer receive e-Bills for that Payee through the financial institution through which you’re currently receiving such e-Bills. Conversely, if you activate e-Bills for a particular Payee through another financial institution, your action will effectively terminate the e-Bills service for that Payee and you will no longer receive such e-Bills through us.
3. Approval of e-Bills. Participating Payees establish their own criteria for reviewing requests to receive e-Bills and have sole discretion to accept or decline your request. We do not participate in this decision. Participating Payees generally take up to five (5) Business Days to approve an e-Bill set-up request. By requesting that bills, statements, or other related communications be sent to you electronically, you warrant that you have the right, power, and authority to receive them.
4. Individual and Joint Responsibility. Any individual borrower, account holder or authorized user on your loan, line of credit, or account can enroll in and use e-Bills. Regardless of the individual who enrolls in e-Bills, the terms of this Section apply to all borrowers/account holders/authorized users, individually and jointly.
5. Timely Delivery of e-Bills. We take no responsibility if a Payee does not provide the necessary data to forward an e-Bill in a timely manner. If you do not receive a bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other adverse consequences. Any questions regarding your bill details should be directed to your Payee.
6. Cancel e-Bills. All parties have the right to cancel the service at any time. We may also elect to discontinue delivering e-Bills for certain Payees or customers. We will notify you if Vantage Bank or a Payee discontinues/stops e-Bills. If you request that an e-Bill be discontinued, we generally require at least seven (7) Business Days for the Payee to receive and process the request. Therefore, you may not receive a paper statement from the Payee, and/or you may not receive an e-Bill through the new financial institution through which you have activated the e-Bill service for the Payee, but continue to receive e-Bills from us instead for one or two cycles. We also reserve the right to terminate a Payee’s participation in e-Bills at any time.
7. Privacy. When you request e-Bills from a participating Payee you will provide certain information such as required username and password, and you authorize us and our third party service provider to collect and forward such information onto the Payee on your behalf, and you appoint us and our third party service provider as your agent for the limited purpose of completing your enrollment. If you have concerns about the future use of this information by the Payee you should contact your Payee directly.
8. Fees, Charges or Other Terms. Unless otherwise noted in your account agreement, we do not charge consumer accounts any fees for using e-Bills. We reserve the right to change the charges, fees, or terms for e-Bills. If we make a change, we’ll provide notice to you in accordance with terms of this Addendum. We also reserve the option, in our business judgment, to waive, reduce, or reserve charges or fees in individual situations.
9. Acknowledgements and Agreements.
   
   • a. You understand and agree that e-Bills are provided for your convenience, and payments due continue to be your responsibility.
   • b. You also understand and agree that the e-Bills service and therefore the e-Bills (and any content contained therein) may only be available in English, and not in a foreign language, including Spanish, regardless of whether you currently receive a Payee’s bill in a foreign language, depending on the Payee. By using this service, you agree to receive the e-Bills in English, even if you use or access Vantage Bank’s website, mobile application or Vantage Bank’s other products and services in a foreign language. You agree that Vantage Bank is not responsible for delivering the e-Bills to you in a foreign language, and any questions regarding this issue will be directed to your Payee.
   • c. You also understand and agree that the eBill summary (and any content contained therein) is accessible via screen reader software and other Assistive Technology (AT) as presented on any Vantage Bank digital platform. The eBill summary may include the statement date, due date, amounts due and/or other information, and is different from the eBill.
   • d. You also understand and agree that the e-Bills service and therefore the e-Bills (and any content contained therein) may not be presented in a way which is accessible to screen reader software or AT which are conformant to web content accessibility guidelines (WCAG) version 2.0, level AA success criteria, regardless of whether you currently can access Payee’s bill online or via digital application using screen reader software or other AT, depending on the Payee. By using this Service, you agree to receive the e-Bills as provided, which may include an inaccessible format, even if you use or access Vantage Bank’s website, mobile application or Vantage Bank’s other products and services by using screen reader software or other AT. You agree that Vantage Bank is not responsible for delivering the e-Bills to you in a digitally accessible format which conforms to WCAG v. 2.0 AA, and any questions regarding this issue will be directed to your Payee.
10. Accuracy or Completeness. An e-Bill may or may not have all the same information as the paper version, depending on the Payee. Vantage Bank presents the e-Bills as provided by the Payee. Vantage Bank is not responsible for any information or communications related to them, or for the acts or omissions of any Payee.
11. Vantage Bank Is Not Responsible for Third Parties. We are not responsible for any aspect of your relationships with the Payees, or for the performance or non-performance of these third parties. We do not act as a service provider of the Payees. Transactions between you and a Payee are governed by the Payee’s terms and conditions. We do not endorse or assume any liability for any Payee you use, and we do not have any liability for payments, returns, refunds, chargebacks, loyalty and rewards related offers and benefits or any other disputes between you and a Payee and/or other third parties.

General Terms Applicable to Transfers
You authorize us to charge your designated From Account for all Transfers of funds that you initiate, and you agree to have sufficient funds or available credit in your From Account on the Transfer date for each such Transfer you schedule. If there are insufficient available funds to cover a Current Day Transfer, we will not retry the transaction and the Transfer will be immediately rejected.

Internal Transfers
To make Internal Transfers, you must have at least two eligible accounts with us between which you may Transfer money. We reserve the right to determine eligibility and to restrict categories of recipients to whom Internal Transfers may be made in our sole discretion.

You may make Internal Transfers up to (A) your available balance plus any amount in your overdraft protection account and (B) your overdraft limit, to the extent applicable. Current Day Internal Transfer Instructions begin to process immediately and cannot be Cancelled.

External Transfers
To activate External Transfers, you must have at least one eligible deposit account with us. We reserve the right to determine eligibility and to restrict categories of recipients to whom External Transfers may be made in our sole discretion. External Transfers are governed by the terms of the Transfers Agreement.

You may make External Transfers up to your available balance plus any amount in your overdraft protection account. Current Day External Transfer Instructions begin to process immediately and cannot be Cancelled.

Your Liability for Unauthorized Transfers or Bill Payments for Consumer Accounts
If you permit other persons to use the Bill Payments and Transfers Services, or use or access your Password, you are responsible for any transactions they authorize from your accounts. If you believe that your Password has been lost or stolen or that someone has made payments, Transferred or may Transfer money from your account without your permission, notify us AT ONCE, by calling 866-580-7262 or by visiting one of banking centers.

You must tell us immediately if you believe your Password has been lost or stolen or that an unauthorized Transfer or Bill Payment has been made from any of your accounts. Telephoning us is the best and fastest way of keeping your possible losses to a minimum. If you do not do so, you could lose all the money in each of the accounts, as well as all of the available funds in any overdraft protection account, overdraft limit, or any other credit line included among your accounts.

If you do not tell us within two (2) Business Days after you discover or should have discovered the loss or theft of your Password, you may not be reimbursed if someone makes a Transfer or Bill Payment without your authorization. If you do not tell us within two (2) Business Days after you discover or should have discovered the loss or theft of your Password or that an unauthorized Transfer or Bill Payment has been made from any of your deposit or prepaid accounts, and we can prove we could have stopped someone from making a Transfer or payment without your authorization if you had told us, you could lose as much as $500.

Furthermore, if any account statement shows online Transfers or payments that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after a statement showing such a Transfer or Bill Payment was made available to you, you may not be reimbursed the money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason, such as a long trip or hospital stay, kept you from telling us, we may extend the time periods at our sole discretion.

General Terms Applicable to Pay a Person (P2P) Service for Consumer Accounts

1. By providing us with names and mobile phone numbers and/or email addresses of Recipients to whom you wish to direct payments, you authorize us to follow the P2P Payment Instructions that we receive through the Service.
2. When we receive a P2P Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments returned to us because the processing of your P2P Payment Instruction could not be completed.
3. We will use reasonable efforts to complete all your P2P Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
   
   • a. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the P2P Payment Instruction or the P2P Payment Instruction would exceed the credit limit of your overdraft account;
   • b. The Service is not working properly, and you know or have been advised by us about the malfunction before you execute the P2P Payment Instruction;
   • c. The payment is refused or returned by Recipient or Recipient's Financial Institution;
   • d. You have not provided us with the correct information, including but not limited to the correct P2P Payment Instructions or Eligible Transaction Account information, or the correct name, mobile phone number or email address of the Recipient to whom you are initiating a P2P Payment Instruction; and/or
   • e. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system downtime, issues with the financial institution or interference from an outside force) which prevent the proper execution of the P2P Payment Instruction.
4. It is the responsibility of the Sender and the Recipient to ensure the accuracy of any information that they enter into the Service (including but not limited to the P2P Payment Instructions and name, mobile phone number and/or email address for the Receiver to whom you are attempting to send the P2P Payment Instruction), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Recipient.
5. You agree that your authorization provided on the Site is conclusive evidence that with regard to each P2P Payment, You authorize and are empowered to authorize Us to submit the P2P Payments on your behalf.

Our Liability for Failure to Complete Bill Payments and Transfers for Consumer Accounts
If we do not complete a Transfer or Bill Payment to or from a Vantage consumer account in the correct amount or according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example:

1. If, through no fault of ours, your account does not contain sufficient funds to make the Transfer or payment and the Transfer or payment would exceed any credit line or any overdraft for such account.
2. Your operating system or software was not functioning properly at the time you attempted to initiate such Transfer or payment, and it was evident to you at the time you began the Transfer or Bill Payment. Circumstances beyond our control, such as fires, floods, acts of God, power outages and the like.
3. The Payee or, for Bill Payments and Transfers from an External Account, the third-party financial institution holding your account, mishandles or delays processing or posting a payment or Transfer sent by Bill Payments and Transfer.
4. If you have not provided us with complete and correct payment or Transfer information, including without limitation the financial institution name, address, account number, Transfer amount for a Transfer or Bill Payment amount for the Payee on a Bill Payment.

Errors and Questions about Bill Payments, Transfers, and Pay a Pay a Person for Consumer Accounts
If you think your statement is wrong with regard to a Bill Payment, Transfer, or Pay a Person, or if you need more information about a transaction listed on it, call us at 866-580-7262 or visit one of our banking centers.

We must hear from you NO LATER than sixty (60) days after we make the available to you the FIRST statement on which the error appeared. Please provide us with the following information:

1. 1Your name and account number;
2. A description of the error or the transaction you are unsure about, and why you think it is an error or want more information; and
3. The amount of the suspected error.

We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. However, if we need more time, we may take up to forty-five (45) days to investigate your complaint or question. If we do this, we will credit your balance within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If you opened your account less than thirty (30) days before the date of the suspected error, the ten (10) Business Day period is extended to twenty (20) Business Days. If you opened your account less than thirty (30) days before the date of the suspected error or the transaction occurred at a point-of- sale location or outside the U.S., the 45-day period is extended to ninety (90) days.

If you call us, we may require that you send us your complaint or question in writing within ten (10) Business Days. If we do not receive it within ten (10) Business Days, we may not credit your balance.

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. In case of errors or questions about your electronic Transfers that appear on your External Account statements, please contact the financial institution that provided such statement to you in accordance with the terms and conditions of your External Account.

Liability for Unauthorized Bill Payments, Transfers and Pay a Person Transactions for Business Accounts
You are responsible for all Bill Payments, Transfers and Pay a Person transactions that are authorized using your Password for accessing the Digital Platforms. If you give an individual the authority to access accounts through the Digital Platforms, you are responsible for any transactions they authorize. If you make information or devices available to persons that would enable them to create a Password for and/or access your accounts for Bill Payments, Transfers, and/or Pay a Person, you are responsible for the Bill Payments, Transfers, and/or Pay a Person transaction they complete. You make information available when you provide it and/or fail to secure it.

ACCOUNT ACCESS THROUGH THE DIGITAL PLATFORMS IS SEPARATE AND DISTINCT FROM YOUR EXISTING SIGNATURE ARRANGEMENTS FOR YOUR ACCOUNTS. THEREFORE, WHEN YOU GIVE AN INDIVIDUAL THE AUTHORITY TO ACCESS ACCOUNTS THROUGH THE DIGITAL PLATFORMS, THAT INDIVIDUAL MAY HAVE ACCESS TO ONE OR MORE ACCOUNTS TO WHICH THAT INDIVIDUAL WOULD NOT OTHERWISE HAVE SIGNATURE ACCESS. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE BY THOSE INDIVIDUALS. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH INDIVDUAL, AND TO ACT ON SUCH INSTRUCTIONS.

We are not liable to you for any errors or losses you sustain in using the Services except where we fail to exercise ordinary care in processing any transaction. We are also not liable for any failure to provide any service if the account(s) involved is no longer linked for the Bill Payments and Transfer Services. Our liability in any case shall be limited to the amount of any money improperly Transferred from your Pay From account or From Account less any amount, which, even with the exercise of ordinary care, would have been lost.

Without regard to care or lack of care of either you, individuals you have given authority to access accounts, or by us, a failure to report to us any unauthorized Transfer, Bill Payment or error from any of your accounts within thirty (30) days of our providing or making available to you a bank statement showing such unauthorized Transfer, Bill Payment or error shall relieve us of any liability for any losses sustained after the expiration of such thirty-day period and you shall thereafter be precluded from asserting any such claim or error.

Errors and Questions about Bill Payments, Transfers and Pay a Person for Business Accounts
In case of errors or questions about your electronic Transfers that appear on your External Account statements, please contact the financial institution that provided such statement to you in accordance with the terms and conditions of your External Account.

Limitation of Liability
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE DIGITAL PLATFORMS AND SERVICES, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

No Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT WE PROVIDE NO WARRANTIES REGARDING YOUR USE OF DIGITAL PLATFORMS AND SERVICES. THE DIGITAL PLATFORMS AND SERVICES ARE INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE DIGITAL PLATFORMS AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.

In the event of a dispute arising under or relating in any way to this Agreement or to the Digital Platforms provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control. No oral statements can amend or modify the express terms of this Agreement.

Disputes related to the Digital Platforms or Services covered by this Agreement shall be governed by the laws of the State of Texas.

Any disputes relating to transactions on your account(s), or products and services access via the Digital Platforms, shall be governed by the laws set forth in the underlying applicable account, product or service agreements.

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

If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

You agree not to attempt to log on to the Digital Platforms from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Digital Platforms from one of these countries may result in your access being restricted and/or terminated.

We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Services, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access the Services for a period of three (3) months or greater, or for reasons involving your use of the Services which we may deem to be illegal or potentially brand damaging. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the Services and delete any applicable copies. You may not assign this Agreement.

Your privacy and the security of your information are important to us. Our Online Privacy Policy and, where appropriate, our U.S. Consumer Privacy Notice, as amended from time to time (available online at https://vantage.bank), applies to your use of any of the Services. You agree that we may collect, use and share your personal information in accordance with each of the Online Privacy Policy and the U.S. Consumer Privacy Notice, and to provide the Services you have requested and to maintain the Services. Our sharing of your information may include providing a merchant, the applicable payment network (such as Mastercard), a digital wallet provider, and others (such as a payment processing entity or a token service provider) your name, card number, card expiration date, email address, phone number, billing address, and shipping address as required to complete a purchase or transaction, and/or to facilitate customer participation in customer benefit programs such as loyalty and rewards programs to the extent maintained by those third parties. We can also share your information in order to make information available to you about your Card transactions, and to improve our ability to offer these services. Once we share your information with a merchant, digital wallet provider, or such other third party, you agree that the merchant or such other third party, and not Vantage Bank, is responsible for the security and use of your information, and that your data will be subject to their privacy policies. You acknowledge that the use and disclosure of any personal information provided by you directly to the payment network (such as Mastercard) or other third parties will be governed by such party's privacy policy and not our Online Privacy Policy or Privacy Notice.

You acknowledge and agree that you are responsible for your conduct while using the Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Service or the use of the Service by anyone using your Card number, account number, PIN, user ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.

Mobile Services Indemnity
Additionally, you agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, cost, and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services.

We are not responsible for such differences, whether or not attributable to your use of the Mobile Services.

Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.

Additionally, you agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, cost, and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.

We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Alerts and Text Services.

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

You agree to immediately remove access to the digital platforms for any individual who leaves the employ of the entity to which is covered by this agreement or who is otherwise unauthorized. You assume the risk for any losses that arise from unauthorized users.

The Digital Platforms offer a variety of content, products, and services. We grant to you, for your personal or internal business purposes only, a non-exclusive, non-Transferable, limited, and revocable right to access and use the Digital Platforms, as well as any software, in object code. Any software provided through the Digital Platforms must be downloaded by you in the United States. You agree not to use the Digital Platforms for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Digital Platforms without our prior written consent.

You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Digital Platforms, or use the Digital Platforms to develop similar functionality; (b) copy any portion of the Digital Platforms, except as expressly permitted by this Agreement; (c) sublicense, distribute, export or resell any portion of the Digital Platforms or otherwise Transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on the Digital Platforms; or (e) otherwise exercise any other right to the Digital Platforms not expressly granted in this Agreement. We, or our licensors, own all right, title, and interest in and to the Services. No license or other right in or to the Digital Platforms is granted to you except for the rights specifically set forth in this Agreement.

Please note that upon submission, any suggestion, idea, proposal, or other material you provide to us becomes our property without limitation or further consideration.

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