General Terms and Conditions for use of Mobile Banking

Thank you for using Cornhusker Bank Mobile Banking combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 96924. To cancel, text "STOP" to 96924 at any time. In case of questions please contact customer service at 877-837-4481 or visit www.Cornhusker.Bank.

By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.

Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of Cornhusker Bank or any service provider.

1. Program. Cornhusker Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.

2. To stop the program. To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 96924. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

3. Questions. You can contact us at 877-837-4481, or send a text message with the word "HELP" to this number: 96924. We can answer any questions you have about the program.

4. Participating carriers. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless.

5. Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, Cornhusker Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). Cornhusker Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Cornhusker Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

6. Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Cornhusker Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Cornhusker Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Cornhusker Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

7. Use of Google Maps. You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://maps.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.

8. Existing Agreements. All existing agreements and fee schedules apply.

II. MOBILE DEPOSIT SERVICE TERMS AND CONDITIONS

By accessing the Mobile Deposit Service, you agree to be bound by the terms and conditions contained in this agreement. Please read the agreement carefully. If we make any changes to this agreement, we will update the agreement on our website and notify you of changes.

1. Definitions.

a. “You” and “your” means a person who has accessed the mobile deposit service for personal use.
b. “Bank,” “we,” “us,” and “our” mean Cornhusker Bank and its successors or assignees.
c. “Account” means your deposit account with us to which you are authorized to make a deposit using mobile deposit services.
d. “Capture Device” means any device acceptable to us that provides for the capture of images from items and for transmission through the clearing process.
e. “Image” means the electronic image of the front and back of an item, in addition to other required information, as specified by us, in the format we specify.
f. “Image Replacement Documents” or “IRD” means a substitute check, as defined by Check 21.
g. “Item” is an original check or any other payment instrument, drawn on a financial institution within the United States and payable in United States currency that is payable to you. Items are deemed to be “items” under the Uniform Commercial Code and “checks” under Regulation CC.
h. “Electronic Item” means the electronic image of each Paper Item and other information captured from the Paper Item.

2. The service enables you to use a Cornhusker Bank Mobile Banking application and certain hardware approved by us to create electronic images of the front and back of certain Paper Items and transmit those images and other information, including, without limitation, information captured from the magnetic ink character recognition (“MICR”) line, to us for review and processing in accordance with this agreement. After we receive your transmission, we will review each Electronic Item. For each Electronic Item that we determine is eligible for processing we will:

a. Include the Electronic Item in an electronic file for presentment directly or indirectly to the Paying Bank; or
b. Present or post any Electronic item for which we are the Paying Bank

To access the service, you must keep your Cornhusker Bank account in good standing and agree to the Consumer Online Banking Agreement.

3. Mobile Deposit Service Fees. This service is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for use of the Service. If you continue to use the Service after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time. Further, you will be required to designate an account at Cornhusker Bank from which fees for the Service will be debited. Any applicable fees for the Service may be changed by us at our discretion at any time upon at least 30 days prior notice to you, to the extent required by applicable law. If the billing account is closed, or if the Billing Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.

4. Mobile Deposit Processing. If you transmit your Electronic Item to Cornhusker Bank before 5:00 pm Central Time on any Business Day, we shall review and process your Electronic Item(s) on that Business Day. If you transmit your Electronic Items to us after Cut-Off Time on any Business Day, we shall review and process your Electronic Item(s) on the next Business Day. Your Electronic Items(s) is/are deemed to have been received by the Bank when the Service generates a confirmation message. You authorize us to process any image that you send us or convert an Image to an IRD. You authorize us and any other bank to which an image is sent to handle the Image or IRD. We reserve the right to reject and to refuse to process any Image you send to us for any reason or no reason, without prior notice.

If an Image is received before 5:00 pm Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds from items deposited through the Service will be made available to you pursuant to our funds availability policy.

You are responsible for the image quality of any image that you transmit. If an image we receive from you for deposit to your Account is not sufficient quality to satisfy our image quality standards as we may establish from time to time, we may reject the Image without prior notice to you. Each Image must include the front and back of the Item and the following information must be clearly readable; amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR line, and any endorsement or other information written on the check.

Each Business Day on which we review and process your item, we will use reasonable efforts to review each item and reject any item that we in our discretion determine to be ineligible for the Service. Exception Items include without limitation, an electronic item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an electronic item, (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States, or (d) exceeds established amount limits.

You agree not to allow an item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item multiple times. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any other means. If any Item is presented or deposited more than once, whether by image or other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you. You agree to retain the Item until the funds are posted to your account, and to destroy each Item which you have transmitted to us. You guarantee:

- You will not submit any duplicate Electronic Items to us;
- You will review and verify for accuracy the information contained in the Electronic Items before you transmit to us;
- You will only transmit Electronic Items that are drawn on or payable at or through banks located within the United States;
- You will not store or make a back-up copy of the Electronic Item;
- You will transmit only Images of Items acceptable for deposit through the service and will handle Items as agreed herein;
- You are a person authorized to obtain payment of each item;
- Items have not been altered;
- Each Item bears all required and authorized endorsements;
- Each item has been endorsed with your name and the words “For mobile deposit only at Cornhusker Bank”; and,
- Your understanding that acceptance of the End User License Agreement is required for use of the Service

5. Termination of Mobile Deposit Service. This Agreement is valid until terminated by you or Cornhusker Bank. You or Cornhusker Bank may terminate the Service at any time. Your rights under this Agreement will terminate immediately if you breach any term of this Agreement. Upon termination of this Agreement you shall immediately cease all use of the Application and destroy all copies, full or partial of the Application. If you would like to terminate your access to the Service, you may call Cornhusker Bank at 877-837-4481. Cornhusker Bank reserves the right to terminate or suspend the Service, at any time with or without cause and without prior written notice. Any image transmitted through the service shall be subject to this Agreement. This Agreement, and your rights and our obligations under this Agreement, are governed by and interpreted according to federal law and the law of the State of Nebraska. If state and federal laws are inconsistent, or if the state law is preempted by the federal law, federal law governs.

6. Amendment. From time-to-time Cornhusker Bank may amend any of the terms and conditions contained in the Agreement, including without limitation, any cut-off time, any business day, etc. Such amendments shall become effective upon receipt of notice by the Customer or such later date as may be stated in the Financial Institution’s notice to the Customer. If you do not agree with the change, you may discontinue using the Service. However, if you continue to use the Service, that may be deemed your acceptance of and agreement to change.

7. Your Warranties to Cornhusker Bank. You represent and warrant to Cornhusker Bank that: you will protect your hardware and security credentials so as not to allow an unauthorized party to access the service and transmit an electronic item for deposit. All uses of the service through your security credentials will be deemed to be uses authorized by you and be binding upon you. You assume the entire risk for the fraudulent or unauthorized use of your security credentials. Cornhusker Bank shall not be liable for any damages other than those caused solely and directly by its gross negligence or willful misconduct. Cornhusker Bank shall not be liable for any indirect, special, consequential, or punitive damages. You acknowledge that the service is provided by Cornhusker Bank on an “as is” basis, and that you use it at your sole risk. You agree to notify Cornhusker Bank immediately if you become aware of any loss or theft, or any unauthorized use of the service or your security credentials.

8. Liability. To the extent not prohibited by law, in no event shall Cornhusker Bank be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to your use or inability to use the application, however caused regardless of the theory of liability, and even if Cornhusker Bank has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

III. ALERTS TERMS AND CONDITIONS

1. Alerts. Your enrollment in Cornhusker Bank’s Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Cornhusker Bank account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts but are not obligated to do so. Cornhusker Bank reserves the right to terminate its alerts service at any time without prior notice to you.

2. Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Cornhusker Bank Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

3. Alerts via Text Message. To stop alerts via text message, text "STOP" to 96924 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Cornhusker Bank’s Online Banking. For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact customer service at 402-434-2265. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

4. Limitations. Cornhusker Bank provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Cornhusker Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Cornhusker Bank its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

5. Alert Information. As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

IV. CARD MANAGEMENT TOOLS TERMS & CONDITIONS

The card management feature is offered by Cornhusker Bank (referred to herein as “Card Tools”, “us”, “we” or “our”) for use by Cornhusker Bank cardholders.

1. Service. Cornhusker Bank’s card management feature is intended to allow you to initiate certain payment card related activities for your enrolled Cornhusker Bank card(s) via the card tools feature. Those activities may include the ability to but not limited to:

a. Register the card.
b. Activate and deactivate the card.
c. Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”).
d. Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”).
e. View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information).
f. Report Your card as lost or stolen.
g. Review Your spending by merchant type and/or by month.
h. View a list of merchants storing Your card information for recurring or card-on-file payments.

2. Use of Google Maps. The card tools feature may enable access to Cornhusker Bank and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that you accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at Google Maps/Earth Additional Terms of Service – Google and the Google Legal Notices found at Legal Notices for Google Maps/Google Earth and Google Maps/Google Earth APIs – Google, or such other URLs as may be updated by Google.

3. Third Party Access. To the extent the card management feature allows you to access third party services, Cornhusker Bank and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to you.

4. Communication with you. You agree to allow us to communicate with you via push notification, SMS and/or email, with respect to the activities performed via the card management feature. Data fees may be imposed by your mobile provider for the transmission and receipt of messages and Alerts. Cornhusker Bank reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in Cornhusker Bank’s card management feature.

5. Availability/Interruption. You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to your mobile device (“Notification”) is dependent on several factors including, without limitation, your wireless service and coverage within the area in which you are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to your mobile device in all areas. If you registered to receive Notifications to your mobile device, the card management feature is available when you have your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management feature is subject to transmission limitations and service interruptions. Cornhusker Bank does not guarantee that the card management feature (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address.

6. Limitation of Liability. You acknowledge and agree that neither Cornhusker Bank nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that neither Cornhusker Bank nor its third-party service providers shall be liable to you if you are unable to receive Notifications on your mobile device in your intended area. Cornhusker Bank, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.

Cornhusker Bank. Member FDIC. Revised 04/2023.

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