Mobile Deposit User Agreement

REMOTE DEPOSIT CAPTURE END-USER LICENSE AGREEMENT: EULA

This Agreement contains the terms and conditions for the use of eDOCMobile remote deposit capture services (Services) provided to credit union members (you, your, or User), by your credit union, (credit union) through its affiliate eDOC Innovations, (eDOC, “us,” or “we”). Other agreements you have entered into with your credit union, including and depository or disclosure agreements governing your credit union are incorporated by reference and made a part of this Agreement.

  1. Services.

The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning or taking pictures of checks and delivering the images and associated deposit information to your credit union or your credit unions designated processor. There is currently no charge for the Services.

  1. Acceptance of these Terms.

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or in your mobile deposit application, or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, your credit union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

  1. Limitations of Service.

When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

  1. Ownership & License.

eDOC grants you a non-exclusive, non-transferable license to use the Software program, including any documentation files accompanying the Software (“Documentation”), provided that: (i) the Software and Documentation shall be used only by you, only for your own internal or personal use only and not in the operation of a service bureau or for the benefit of any other person or entity. The original, and any copies of the Software, in whole or in part, which are made hereunder shall be the property of eDOC or its Licensor; (ii) this EULA and the License and the Software to which it applies may not be assigned, sub-licensed, or otherwise transferred. No right to print or copy the Software, in whole or in part, is granted except as expressly provided in this EULA; (iii) all copyright notices are maintained on the Software; (iv) eDOC retains the right to audit the use of the Software or may assign that right to a beneficiary of this EULA; (v) this EULA excludes the application of the Uniform Computer Information Transactions Act; (vi) any code in the Software developed by a third party shall be subject to the terms of this EULA; and (vii) you agree to be bound by the terms of this EULA.

You have no ownership rights in the Software. Rather, all aspects of the Software, including without limitation, programs, object code, source code, documentation and methods of processing shall remain the sole and exclusive property of eDOC and shall not be sold, revealed, disclosed, distributed or otherwise communicated, directly or indirectly, by you to any person, company or institution whatsoever. It is expressly understood that no title to or ownership of the Software, or any part thereof, is transferred to Customer. You have a license to use the Software as long as this EULA remains in full force and effect and you have complied with all the terms of this EULA and the Master Agreement. Ownership of the Software, Documentation and all intellectual property rights therein including, but not limited to any patent, copyright, or trademark rights, shall remain at all times with eDOC. Any other use of the Software not expressly permitted herein by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this EULA.

The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by eDOC. You may not remove any proprietary notice of eDOC from any copy of the Software or Documentation.

You may not sublicense, transfer, assign, sell, publish, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, modify, translate, adapt, or disassemble the Software, nor shall you attempt to discover the source code from the object code for the Software.

You acknowledge that the Software is proprietary to and a valuable trade secret of eDOC. The Software, Documentation and related formulas, methods, know-how, processes, designs, new products, marketing requirements, marketing plans, are all confidential and proprietary to eDOC. You may not use, copy, or transfer copies of the Software.

THIS EULA IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF eDOC AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. THIRD PARTY BENEFICIARIES OF THIS EULA INCLUDE ORACLE CORPORATION.

  1. DISCLAIMER OF WARRANTIES.

YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) 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 SERVICES, 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 SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

  1. LIMITATION OF LIABILITY.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF YOUR CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

  1. User warranties and indemnification.

You warrant to your credit union that:

  1. a)     You will only transmit eligible items.
  2. b)     Images will meet the image quality standards.
  3. c)     You will not transmit duplicate items.
  4. d)     You will not deposit or represent the original item.
  5. e)     All information you provide to your credit union is accurate and true.
  6. f)     You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless your credit union from any loss for breach of this warranty provision.

  1. Other terms.

You may not assign this Agreement. This Agreement is shall be governed by the laws of the State of Vermont and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.

eDOC Innovations, Inc., 2016. All Rights Reserved.The Requesting Party outlined in this agreement is our customer. The use of eDOCMobile by the Requesting Party is solely the responsibility of the Requesting Party. For questions related to this service, or its use, contact the Requesting Party for information. eDOC Innovations makes no warranties, implied or otherwise expressed, on the merchantability of this system.