Mobile Deposit Capture User Agreement – St. Louis Credit Union

Gateway Metro FCU mobile check deposit feature for St. Louis credit union members

By accepting this agreement and utilizing the service, you are acknowledging receipt of the Mobile Deposit Capture User Agreement and agree to be bound by all terms of the agreement. Any member who utilizes Mobile Deposit must be over the age of 18. Mobile Deposit is a privilege not a right and any account abuse or deposit abuse is grounds to have the service removed from the account.

Members are limited on the amount that can be deposited per day through Mobile deposit, to the amount of $1,000.00. All checks deposited may be subject to a review as well as a hold on availability. Checks must be signed by the individual to whom it is made payable and specifically state “For Mobile Deposit Only at GMFCU” with the account number on the back of the check. You may request a higher limit for deposit which will be reviewed and approved/declined by the credit union, soley at our discretion, based on your account relationship and history. The maximum per item limit will be $5,000.00 and the maximum total daily deposit limit available will be $10,000.00.

This Mobile Check Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of Gateway Metro Federal Credit Union’s Mobile Deposit Capture services that Gateway Metro Federal Credit Union (“GMFCU”) or its affiliates (“GMFCU”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with GMFCU, including, but not limited to the Account Agreement are incorporated by reference and made a part of this Agreement.

1. Services.

The mobile deposit capture services (“Services”) are designed to allow you to make deposits to your Gateway Metro Federal Credit Union checking or savings account from home or other remote locations by electronically scanning or photographing checks and delivering the images and associated deposit information to GMFCU or GMFCU’s designated processor.

2. 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 on our website(s) by providing a link to the revised Agreement. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, GMFCU 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.

3. 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. This service is not available on second chance accounts, business accounts, or Health Savings accounts.

4. Hardware and Software:

GMFCU mobile deposit is not compatible with all phones and as such the member agrees that GMFCU is not responsible for the member being unable to access the application. GMFCU is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. The following outlines the scope of the app’s operating system, hardware, and browser support.

NOTE: Only major versions released directly by Apple or any Android hardware manufacturer are included. OS version updates or patch releases that are released by carriers are not included in the scope for support. Beta releases of Apple and Android operating systems are not supported.

Android

Minimum OS Version Supported – Android 9.0 – All later major version updates are supported; for example, 11.0, 12.0, 13.0 iOS
Minimum OS Version Supported – iOS 14 and iPadOS14 – All later major version updates are supported; for example, 15.0, 16.0

Hardware Requirements

Remote Deposit Capture support requires a camera of at least two mega-pixels in resolution
The app does not support the use of the Android “Developer options” setting, including USB Debugging

5. Fees.

A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed in GMFCU’s Schedule of Fees and Charges. GMFCU may change the fees for use of the Service at any time pursuant to the section titled “Acceptance of these Terms” above. You authorize GMFCU to deduct any such fees from any GMFCU account in your name.

6. Eligible items.

You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to GMFCU is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

The following items are NOT eligible for deposit through this service:

Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
Checks payable jointly, unless deposited into an account in the name of all payees
Checks previously converted to a substitute check, as defined in Reg. CC.
Checks drawn on a financial institution located outside the United States
Checks that are remotely created checks, as defined in Reg. CC.
Checks not payable in United States currency
Checks dated more than 6 months prior to the date of deposit.
Checks that are postdated and deposited prior to the date on the item.
Checks or items prohibited by GMFCU’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your GMFCU account.
Checks payable on sight or payable through Drafts, as defined in Reg. CC.
Checks with any endorsement on the back other than that specified in this agreement.
Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
Checks prohibited by current GMFCU procedures relating to the service or which we otherwise deem unacceptable.

7. Endorsements and Procedures.

You agree to restrictively endorse any item transmitted through the Services, with your signature, as “For Mobile Deposit Only at Gateway Metro Federal Credit Union (GMFCU), account #_________” or as otherwise instructed by GMFCU. You agree to follow any and all other procedures and instructions for use of the Services as GMFCU may establish from time to time. You may utilize pre-printed verbiage about ‘For Mobile Deposit Only’ but you must add ‘at GMFCU”, your account number and signature.

8. Receipt of Items.

We reserve the right to reject or process any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from GMFCU that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Credit Union is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

9. Availability of Funds.

You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 1:00 p.m. 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 deposited using the Services will generally be made available next business day; however holds may be extended at our discretion if collectability of an item is in doubt. GMFCU may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as GMFCU, in its sole discretion, deems relevant.

10. Disposal of Transmitted Items.

Upon your receipt of a confirmation from GMFCU that we have received an image that you have transmitted, you agree to retain the check for at least 60 calendar days from the date of the image transmission. After 60 days, you agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to GMFCU upon request.

11. Deposit Limits.

We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is by default $1,000.00 per business day. There is no daily cycle limit on the number of items, as long as the respective dollar limits are not exceeded. Daily deposit limits may vary for users of other services.

12. Presentment.

The manner in which the items are cleared, presented for payment, and collected shall be in GMFCU’s sole discretion subject to the Account Agreement governing your account.

13. Errors.

You agree to notify GMFCU of any suspected errors regarding items deposited through the Services right away, and in no event later than 30 days after the applicable GMFCU account statement is sent. Unless you notify GMFCU within 30 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against GMFCU for such alleged error.

14. Errors in Transmission.

By using the Services you accept the risk an item may be intercepted or misdirected during transmission. GMFCU bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

15. Image Quality.

The image of an item transmitted to GMFCU using the Services must be legible, as determined in the sole discretion of GMFCU. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by GMFCU, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

16. User Warranties and Indemnification.

You warrant to GMFCU that:

You will only transmit eligible items.
You will not transmit duplicate items
You will not re-deposit or re-present the original item.
All information you provide to GMFCU is accurate and true.
You will comply with this Agreement and all applicable rules, laws and regulations
You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify and hold harmless GMFCU from any loss for breach of this warranty provision.

17. Cooperation with Investigations.

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of member claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

18. Termination.

We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Account Agreement or any other agreement with us.

19. Enforceability.

We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

20. Ownership & License.

You agree that GMFCU retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anticompetitive manner, (ii) for any purpose which would be contrary to GMFCU’s business interest, or (iii) to GMFCU’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

21. 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, TIMELY, 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.

22. 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 THEn FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF GMFCU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.