MOBILE DEPOSIT SERVICE AGREEMENT This Mobile Deposit Service Agreement (“Agreement”) contains the terms and conditions for using Credit Union 1’s Mobile Deposit Service (“Service”), which may be accessed as a part of Credit Union 1’s Mobile Banking, a supplemental service to Credit Union 1’s Online Express Home Banking. The Credit Union 1 Membership Agreement and Disclosures (“Membership Booklet”) (which can be obtained at creditunion1.org) as well as the Mobile Banking Terms and Conditions are incorporated into and made a part of this Agreement. In addition, Credit Union 1’s Online Express Home Banking Agreement terms and conditions are incorporated into and made a part of this Agreement. In the event of a conflict in terms between this Agreement and the Membership Booklet, Mobile Banking Terms and Conditions, and/or the Online Express Home Banking Agreement terms and conditions, this Agreement will control with respect to the use of the Service In this Agreement, the words “you”, “your” and “accountholder” mean the member that uses the Service. The words “we”, “us”, “our”, “ours”, and “the Credit Union” mean Credit Union 1. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change. We reserve the right, in our sole discretion, to add services, eliminate services, or otherwise modify the terms or features of this Service. Any change will apply upon the effective date of the change, and will apply only to your future use of the Service. Your continued use of the Service will indicate your acceptance of the changes to the Service. USE OF THE SERVICE Upon availability of the Service on your mobile device and subject to the terms and conditions of this Agreement, you will be authorized by us to remotely deposit valid paper checks/items that have been made payable to you or to a joint owner on your Credit Union 1 account by using the Service to electronically transmit a digital image of the item to us. Upon receipt of an image, we will review the image for acceptability (e.g., properly payable, all endorsements present, meets image quality requirements, etc.). You understand and agree that our receipt of the image does not mean that the item will be accepted for deposit into your account, and that you may be asked for additional images of the item or for more information before the item will be considered for deposit by us, including, but not limited to the presentment of the physical item. Notwithstanding anything to the contrary herein, we reserve the right, within our sole and absolute discretion, to accept or reject any item for deposit into your account using the Service. You understand that any amount credited to your account for any item deposited using the Service will be considered provisional until such time that we receive final payment for the item from the institution on which the item was drawn. You understand and agree that we are not responsible for errors in images that may prevent or delay the deposit of funds into your account, and that we are not responsible for any image that we do not receive. You agree that you will not: • • •

Modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology of the Service; Copy or reproduce all or any part of the technology of the Service; Interfere or attempt to interfere, with the technology of the Service.

COMPLIANCE WITH LAW You agree to use the Service only for lawful purposes and only in compliance with all applicable laws, rules and regulations, as well as laws pertaining to the conduct of your business, if applicable. You warrant that you will only transmit valid items that are acceptable to us for deposit, and that all original items have been handled in accordance with all applicable law, rules and regulations.

LIMITATIONS ON DEPOSIT AMOUNTS You understand and agree that there are limitations on deposit frequency and deposit amounts made through the Service, that you will not exceed these limits and that we may change these limits from time to time and without notice. For a member’s account in good standing, as solely determined by us: Tier 1: That has been open less than 180 days, a per item limit of $2,500 and a total daily limit of $2,500 applies. Tier 2: That has been open for more than 181 days, a per item limit of $5,000 and a total daily limit of $5,000 applies. Notwithstanding the above, we have the right, without notice and in our sole discretion, to change the Service on your account from Tier 1 to Tier 2 or vice versa and/or cancel the Service to you altogether. CHECK AND CHECK IMAGE REQUIREMENTS Any image of an original item that you transmit to us must accurately and legibly provide all the information on the front and back of the original item at the time it was presented to you by the payer. Prior to capturing the image of the original item, you must endorse the back of the item. Your endorsement must include your signature and your account number. The original item and any image of the original item transmitted via the Service must include the accurate and legible presentation of the following information and other features and information as appropriate: • • • • • •

Unaltered preprinted information that identifies the check payer and the financial institution on which the original item is drawn; The unaltered MICR encoded account number and financial institution routing and transit number; The unaltered date the check was written; The unaltered payer’s signature; Other unaltered information placed on the item prior to the time an image of the item is captured, such as any endorsements applied to the back of the item; and The image quality of the item must meet the basic standards for image quality for remote deposit captured items as established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association, or by us, or by applicable law.

Both the front and back of each item must be transmitted to us as provided in any user guide or other instructions provided to you by us or the Service, including on-screen instructions. We, in our sole discretion, may refuse to accept any items that do not meet our image quality requirements, which we may change at our sole discretion. This includes, without limitation, items where: • • • • •

The front and/or back image is too large or too small; The front and/or back image is too light or too dark; The front and/or back images have a dimension or other mismatch or discrepancy; The image has torn or folded edges, cut corners, or other damage; The image does not comply with the standards for image quality established from time to time by the American National Standard Institute (ANSI), the Federal Reserve Board, any other regulatory agency, clearing house or association, or by us, or by applicable law.

UNACCEPTABLE ITEMS FOR DEPOSIT You understand and agree that you are not permitted to deposit the following items using the Service: • Any item payable to any person other than you and/or the joint accountholder; • Any item drawn on your account; • Any item issued by you, or by any other person on any of your accounts or any account on which you are an authorized signer or joint account holder, or any account of a business entity of which you are a principal, officer or authorized signer; • Any item that is stamped “non-negotiable”, “void”, or any other word indicating that the item is not valid; • Any item that contains any altered information; • Any item that you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the issuer; • Any item that is a substitute check as defined by Check 21 or image replacement documents that purport to be substitute checks and which have been previously endorsed by a financial institution; • Any item issued by a financial institution in a foreign country, or is written for an amount in non U.S. currency; • Any item that is incomplete or contains incomplete information; • Any item that is “post-dated” (i.e., dated more than one day after the date of deposit) or “staledated” (i.e., dated more than six (6) months prior to the date of deposit; • Any third party check i.e., any item that is payable to another party and then endorsed to you by that party; • Any item having a duplicate MICR code line; • Any item missing or having an invalid or incorrect routing number; • Any item that is a photocopy or otherwise not an original paper item when they are scanned; • Any item that has been issued to multiple parties; • Any item that has been previously negotiated or deposited into any account; • Any item over $5,000; • Any item with qualified, conditional, restrictive, and/or special endorsements; • Any item payable to more than one individual where all parties are not signers on the account; • Bonds • Any item that has previously been deposited and been returned unpaid for any reason; • Any item that does not qualify as “original checks” as defined in Regulation CC; In the event that you breach any of these representations and warranties, you agree to defend, indemnify and hold us and our agents harmless from and against all liability, damages, and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. REJECTION OF DEPOSIT You understand that you are solely responsible for any service charges, overdraft charges, late fees and returned check/non-sufficient funds charges levied against you, your account, or any accounts you may have at other financial institutions that may result from our rejection of any item, check holds, or deposit delays of any kind. You understand that if an item you transmit to us for deposit is rejected a notification will be sent via the mobile banking application and appear within the deposit history page. Notifications of disapproval of a deposit may not be available to you via the mobile banking application and instead may come via mail or other acceptable means. DEPOSITED ITEMS RETURNED UNPAID In the event that an item you transmit to us for remote deposit for credit to your account using the Service is dishonored, rejected, or returned for any reason, you authorize us to debit the amount of the item from your account, and/or offset the amount from any of your other accounts, including joint accounts, and assess the appropriate fees per Credit Union 1’s Fee Schedule (a copy of which can be obtained from creditunion1.org). 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 that any returned deposit activity may result in the cancellation of the Service to you.

SERVICE UNAVAILABILITY You understand and agree that the Service may, at times, be temporarily unavailable due to system maintenance or technical difficulties that are within or beyond our control, including but not limited to those of the internet service provider, cellular service provider, or internet software. In the event that the Service is unavailable, you understand that you can deposit an original item at any one of our branch locations, through an available ATM, or by mailing the original item to us (see creditunion1.org for location information). You understand and agree that it is your sole responsibility to verify that items deposited using the Service have been received and accepted by us for deposit. BUSINESS DAY AND FUNDS AVAILABILITY DISCLOSURE You understand and agree that, for purposes of deposits made using the Service: • Deposits received via the Service are processed on our mobile deposit business days, which are Monday through Friday, excluding holidays, until 4:00PM Central Time (“Business Day”); • Deposit items that we receive by 4:00PM Central Time on a Business Day will be deposited into your account by 5:00PM Central Time. • Deposit items that we receive after 4:00PM Central Time will be deposited to your account by 5:00PM Central Time on the following Business Day. Deposits made after 4:00PM Central Time on a Friday that is a Business Day, and at any time on a Saturday, Sunday or a holiday, will be deposited into your account by 5:00PM Central Time on the next Business Day that we are open; • The earliest availability for withdrawal of funds deposited into your account using the Service would be the second (2nd) Business Day after the Business Day on which we receive the deposit. We will make $200 available to you on the first (1st) Business Day following the Business Day we post your deposit into your account; Check holds or unavailability of the Service may cause further delays in availability of funds beyond the normal check hold period, therefore, extended hold periods may apply to these deposited items. LONGER DELAYS MAY APPLY You understand that funds deposited using the Service, while generally available by the second (2nd) business day after we receive them, may be delayed for a longer period under the following circumstances as an example (this is not an exhaustive list): • We believe an item you have deposited will not be paid; • Your account has repeatedly been overdrawn in the last six (6) months; • There is an emergency, such as failure of computer hardware, software, communications equipment, natural disaster, etc. You understand and agree that funds availability may be delayed, that we will notify you if we delay your ability to withdraw funds for any of these reasons, and that we will tell you when the funds will be available. Notifications of delayed availability or disapproval of a deposit may not be available to you via the Service and instead may come via mail or other acceptable means. MEMBER’S WARRANTIES You make the following warranties and representations with respect to each image of an item you transmit to us utilizing the Service: • Each image of an item transmitted to us is a true and accurate rendition of the front and back of the original item, without any alterations; • The amount, payee, signatures(s), and endorsement(s) on the original item are legible, genuine, and accurate; • You will not deposit or otherwise endorse to a third party the original item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid;

• • • • • • •

Other than the digital image of an original item that you remotely deposit through the Service, there are no other duplicate images of the original item; You have possession of each original item you have deposited using the Service and no party will re-submit any original item for payment that has already been submitted to us or to any other financial institution; You will safeguard the original item from loss and shall securely store each original item that you deposit using the Service for a minimum of forty-five (45) days after your transmission of the item to us, but not to exceed ninety (90) days; You will safely dispose of the original item once you have confirmed the funds have been applied to your account correctly; You will use, at your expense, adequate technology (e.g., compatible hardware and software, update patch software, maintain adequate virus protection, etc.) to protect any non-public personal information that is transmitted to us via the Service. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems; You agree that you do not and shall not engage in, any business or activity that: a) would result in your being or becoming a money service business that regularly cashes third party items, sells money orders, or handles wire transfers or other financial services for third parties; b) would result in your accepting restricted transactions in connection with another person in unlawful internet gambling; c) would result in us being used as a conduit for money laundering or other illicit purposes; or d) would directly or indirectly result in any activity or use of the Service that may be illegal or fraudulent.

STORAGE, SECURITY AND DESTRUCTION OF ORIGINAL ITEMS You understand and agree to safely and securely store each original item you deposit using the Service for a minimum of forty-five (45) days after transmission to us, but not to exceed ninety (90) days. You understand and agree that you are responsible for any loss caused by your failure to secure the original item(s) from loss. While the original item is in your possession, you agree to use a high degree of care to safeguard the original item and related files against security risks. Security risks include, without limitation, the theft or reproduction of the original item or unauthorized use of the information on the item or in the file. You agree to take appropriate security measures to ensure that (a) only authorized persons shall have access to the original item; (b) the information contained on the item shall not be disclosed to unauthorized persons; and (c) the original item will not be duplicated, will not be scanned more than one time, and will not be presented, deposited or negotiated again in any way. During the retention period, upon request by us, you will promptly provide to us the retained original item, or a sufficient copy of the front and back of the item in form acceptable to us, to aid in the clearing and collection process, or to resolve claims by third parties, or for our audit or loss prevention purposes. After the ninety (90) day retention period expires, you shall destroy the original item by shredding it or by any other permanent deletion manner that does not allow the original item to be accessed by an unauthorized person and in a manner that the original item is no longer readable or capable of being reconstructed. You agree to be responsible to us for any losses, costs, expenses, attorneys’ fees, and damages we may incur as a result of your failure to comply with the provisions of this section. MEMBER’S INDEMNIFICATION OBLIGATION You understand and agree that you indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Service and/or breach of this Agreement. You understand and agree that this indemnification shall survive the termination of this Agreement.

YOUR DUTY TO REPORT ERRORS In the event that you believe there has been an error with respect to any original item or image transmitted to us for deposit or a breach of this Agreement, you will immediately contact us regarding such error or breach at 800-252-6950, option 3, or at any of our branch locations. PERIODIC STATEMENT AND ERROR RESOLUTION Any remote deposits made through the Service will be reflected on your monthly account statement. In addition, you may access your account through our Online Express Home Banking service for more information about your deposits, return items, deposit adjustments, checks and other transactions on your accounts. Receipt of an item by us through the Service does not constitute an acknowledgement by us that the item is error-free or that we will be liable for the item. You understand and agree that you are required to notify us of any error relating to items transmitted using the Service no later than sixty (60) calendar days after the date of the monthly periodic statement on which the allegedly erroneous transaction appears. You may be responsible for any errors that you fail to bring to our attention within such a time period. You agree to cooperate in any investigation by us of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify us of any error, omission or other discrepancy in accordance with this Agreement and the Membership Booklet shall relieve us of any liability for such error, omission or discrepancy. LIMITATION OF LIABILITY The credit union shall not be liable to you for any damages or losses that you may suffer or incur in connection with the Service, including, without limitation, any failure to provide, or delay in providing, access to the Service, except: a) as specifically stated in this Agreement; or b) to the extent such damages or losses are solely and proximately caused by our gross negligence or willful misconduct. Without limiting the foregoing, we shall not be liable to you for any of the following: a) any damages, losses, costs or other consequences caused by our actions that are based on information or instructions you provide; b) any unauthorized actions initiated or caused by you or your employees, agents or representatives; c) any refusal of a payor financial institution to pay an item for any reason (other than that caused by our gross negligence or willful misconduct), including without limitation, that the item was unauthorized, counterfeit, altered, or had a forged signature; d) your or any other parties’ inability to transmit or receive data; e) if you do not comply with your representations or warranties in this Agreement. Our liability for errors or omissions with respect to the data transmitted or printed by us in connection with this Agreement will be limited to correcting the errors or omissions. Correction will be limited to reprocessing, reprinting and/or representing the items to the payor financial institution. The limitations of liability and remedies in this Section are in addition to, and not in lieu of, other limitations or remedies contained elsewhere in this Agreement. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT OR ANY ACCOUNT AGREEMENT OR ACCOUNT DISCLOSURES TO THE CONTRARY, YOU AGREE THAT IN NO EVENT WILL THE CREDIT UNION OR ANY THIRD PARTY SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT,TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE OR ANY THIRD PARTY SERVICE PROVIDER HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE PROVIDED BY LAW. YOU ACKNOWLEDGE THAT, IN PROVIDING THE SERVICE, THE CREDIT UNION MAY UTILIZE AND RELY UPON CERTAIN THIRD PARTY SERVICE PROVIDERS TO PROVIDE SERVICES TO THE CREDIT UNION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS UNDER THIS AGREEMENT SHALL BE SOLELY AND EXCLUSIVELY AGAINST THE CREDIT UNION, AND YOU

SHALL HAVE NO RIGHT OR RECOURSE AGAINST ANY THIRD PARTY SERVICE PROVIDER HEREUNDER WHATSOEVER, AND YOU HEREBY WAIVE ANY AND ALL SUCH RIGHTS OR RECOURSE, DIRECTLY OR INDIRECTLY, AGAINST ANY THIRD PARTY SERVICE PROVIDER.

CREDIT UNION’S DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTY SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RLEIABLE OR THAT ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY CREDIT UNION EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE.

TERMINATION OF THE SERVICE You may terminate the Service provided for in this Agreement by contacting us in writing, via email, or by calling us at 800-252-6950, option 3. We may, in our sole discretion, modify, add or remove portions of the Service or terminate your use of the Service at any time without notice. We may turn off the Service to you if we suspect fraud, if you misuse the Service, have excessive overdrafts or returned items or for other reasons in our sole discretion. In the event of termination of the Service, you understand and agree that you will remain liable for all transactions performed on your account while using the Service. COMPATIBLE HARDWARE AND SOFTWARE In order to use the Service, you must use, at your expense, compatible hardware and software. We are not responsible for any third party software you may need to use the Service. We may change requirements at any time without prior notice. RELATIONSHIP TO OTHER DISCLOSURES The information in this Agreement applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of your account(s) and membership. YOUR FINANCIAL INFORMATION We may request financial and other information from you from time to time in order to evaluate the risks of providing this Service to you. You agree to promptly provide any such financial and other information we request. You authorize us to review your financial information, including consumer reporting agency reports, before we authorize you to use the Service and for as long as you use the Service. If you do not provide any requested financial or other information, or if we determine that the credit, security or other risks of continuing to provide the Service to you are not acceptable, in our sole discretion, we may immediately terminate your access to the Service without prior notice.

GOVERNING LAW You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice or conflicts of laws provisions. Your use of the Service constitutes your agreement to submit to the personal jurisdiction of the courts of the State of Illinois in the event of any disagreement arising hereunder.

CONFIDENTIALITY You acknowledge and agree that confidential information relating to our Service, marketing, strategies, business operations and business systems (collectively, “Confidential Information”) may come into your possession in connection with this Agreement. You understand and agree that you are prohibited from disclosing and you agree to maintain the confidentiality of our Confidential Information. WAIVER The failure of us to seek a redress for violation breach, or to insist upon the strict performance of any covenant, agreement, provision, or condition hereof shall not constitute our waiver of the same and we shall have all remedies provided herein and under applicable law with respect to any such act which would have originally constituted the violation and/or breach hereunder. No delay, extension of time, compromise, or other indulgence that may occur or be granted from time to time by us under this Agreement will impair our rights or powers under this Agreement.

SERVICE FEES Currently we do not impose any fees for the Service. We reserve the right to impose fees for the Service in the future and we will notify you of any such fees, in the manner and to the extent required by this Agreement and by law. Your use of the Service after the effective date of any fee changes shall constitute your agreement to such fee changes. You also understand and agree that you are responsible for any wireless service provider charges and any and all other fees and charges that you may incur by accessing and using the Service. ASSIGNMENT You may not assign any of your rights, duties and obligations under this Agreement. We may assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors, service providers, or other third parties. SEVERABILITY If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of such provision in other jurisdictions, and of the remaining provisions of this Agreement in all jurisdictions, will not in any way be affected or impaired. ENTIRE AGREEMENT The terms of your Membership Booklet and all other agreements you have with us pertaining to your account(s) are incorporated by reference and made a part of this Agreement. In the event of any inconsistency between such agreements, the provisions of this Agreement shall control to the extent necessary. You agree that the most current version of this Agreement as it appears on our website, including any amendments that we make from time to time, constitutes the entire agreement between us. Any prior or contemporaneous agreements, representations, statements, negotiations, undertakings, promises or conditions, whether oral or written, with respect to the Service which conflict with the provisions of this Agreement are superseded by this Agreement.