FV Bank Online Banking Services Agreement
Online Banking Terms and Conditions Effective August 13, 2026
This FV Bank Online Banking Services Agreement, as amended from time to time,
(“Agreement”) governs your use of and access to FV Bank’s Online Banking Services. Please read and
download, save, and/or print a copy for your records.
Please read this Agreement carefully. This Agreement includes, among other things:
I. Overview of the Agreement, including definitions
II. A description of Online Banking Services
III. FV Bank Mobile Services Agreement
IV. Electronic Fund Transfers Disclosure and Terms and Conditions
V. Prohibited uses of Online Banking Services
VI. FV Bank’s limitations on liability for Online Banking Services
VII. Certain other terms and conditions
A. “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds
transfer services to participating financial institutions.
B. “Authorized Account Owner” means Primary Owner, Joint Owner or Authorized User, as
applicable.
C. “Account” means Online Deposit Account,
offered by FV Bank.
D. “FV Bank,” “we,” “us” and “our” mean FV Bank International Inc. and any of its affiliates or
direct
or indirect subsidiaries.
E. “Business Days” are Monday through Friday. Saturdays, Sundays, federal holidays and local Puerto
Rican Holidays are not included.
F. “Consumer” means a natural person who has an Eligible Account for which an Online Banking Service
is
requested.
G. “Due Date” means the date on which a payment becomes due to a Payee.
H. “Eligible Account” means an Account that is eligible for an Online Banking Service.
I. “Joint Owner” means an individual that is an Owner of an Eligible Account with the Primary Owner.
J. "Online Banking Services" means our online banking services available for certain Eligible
Accounts
that can be accessed at www.portal.fvbank.us or accessed through our mobile applications.
We may add, remove, change, or revise our Online Banking Services offered from time to time.
Products and services offered by FV Bank or other affiliates of FV Bank are not Online Banking
Services subject to this Agreement.
K. “Owner” means each person who is a named owner of an Eligible Account as indicated in our
records.
L. “Payee” means an individual or entity to whom or which you make payment through the Online
Banking
Services or the individual or entity from which you receive payments.
M. “Payment Service” means any Vendor provided payment processing service available through the
Online
Banking Service.
N. “Primary Owner” is the individual Owner who is listed first on the Eligible Account in our
records.
O. “Scheduled Delivery Date” means the date a payment is scheduled to be delivered to a
Payee.
P. "USDC ” means the blockchain based stable coin issued by Circle International and accepted by FV
Bank as a means of USD deposit.
Q. “Text” means a short electronic message sent and received between two or more mobile
phones
R. “Vendor” means any third-party service provider we may engage to perform functions for us under
this
Agreement.
S. "Website" refers to the FV Bank website fvbank.us, through which the Online Banking
Services are made available.
T. “You” and “your” means, as applicable, each Authorized Account Owner (including any Owner) of an
Account.
Other capitalized terms are defined throughout the Agreement
I. Overview
A. What’s Part of This Agreement
Online Banking Services allow you to access and manage your Account(s) with us online via a personal
computer or other device equipped with supported browsers and other hardware and software set forth
in Section II (H) of the Agreement and on the Website.
Certain Online Banking Services are also available as Mobile Services. Please review Section III, FV
Bank Mobile Services Agreement, for information specific to Mobile Services.
Access to and use of Online Banking Services is subject to this Agreement and to the following,
which are considered part of this Agreement as applicable to your Eligible Account(s):
1. Terms or instructions appearing on a computer or mobile device screen when enrolling for,
activating, accessing, or using any Online Banking Service; and
2. FV Bank's rules, procedures and policies, as amended from time to time, that apply to the Online
Banking Service or any Eligible Account; and
3. Debit Card Agreement and Disclosure; and
4. FV Bank Deposit Agreement
B. Conflicts between Agreements
If this Agreement conflicts with any other agreements related to your Eligible Account or Online Banking Service, or the other agreements include terms that are not addressed in this Agreement, then the other agreements will control and take precedence, unless this Agreement specifically states otherwise. The other agreements will only control with respect to the Eligible Account or Online Banking Service with which it is associated, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions of other agreements regarding your Eligible Account or Online Banking Service that do not appear in this Agreement will continue to apply.
C. Accepting the Agreement and Future Changes
Except as otherwise required by law, we may in our sole discretion change the terms of this Agreement from time to time and at any time. This may include adding new or different terms or removing terms from this Agreement. When changes are made, we will update this Agreement on the Website. The Website will be updated on or before the effective date of the revised Agreement, unless an immediate change is necessary as required by law or to maintain the security of the Website or for other legal reasons. You will be notified if we revise, modify or otherwise update this Agreement. Your use of any of the Online Banking Services after the effective date of the new version of this Agreement will constitute your acceptance of the new version of this Agreement.
D. Authorized Account Owners and Joint Owners
If an Eligible Account is owned by more than one person, each such person individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the Eligible Account and related Online Banking Services, to the extent allowed by the terms, conditions or governing provisions of the Eligible Account. We may rely and act on the instructions of any Authorized Account Owner. If we provide notice to one Joint Owner, all Joint Owners are deemed to have received notice. Access to certain Online Banking Services may require Joint Owners to have a unique username, password and other security devices or credentials that may be required by us.
II. FV Bank Online Banking Services
Subject to the terms of this Agreement, you may use the Online Banking Services to access, use, and manage your Eligible Accounts. The types of Online Banking Services are described generally in this Agreement and more fully on our Website and may change from time to time, at our sole option. You agree and understand that you are solely responsible for acquiring and maintaining a computer or other electronic device that can access the Online Banking Services and that you are responsible for all costs associated with the same.
A. Overview
Transactions
- Apply for, Open and fund additional Eligible Account(s) online
- View Eligible Account balance(s) and transactions
- Transfer funds between Eligible Accounts
- Transfer funds to or from accounts at other financial institutions
- Use person-to-person payment service to:
- Transfer funds to individuals or businesses
- Request and receive funds from individuals
- Make payments to Payees
- Request a Wire Transfer
Services
- Receive Eligible Account statements
- Receive Online Banking Alerts
- Cancel or stop payment on certain transactions
- Send communications to us
- Add and manage beneficiaries
- Exchange Secure Message messages or chat with our Customer Care department
- Update your profile information
- Manage security settings on your Eligible Accounts
- Other Online Banking Services as they become available
B. Online Banking Services for Eligible Accounts
Below is a summary of the Online Banking Services that are available for each type of Account subject to this Agreement. Please note that not all Online Banking Services are available for each type of Account. Certain Online Banking Services are also available as Mobile Services. Please review Section III, FV Bank Mobile Services Agreement, for information specifically applicable to Mobile Services. Not all account types may be available or may be introduced at a later time.
C. Access to Online Banking Services and Your Obligations
You may access your Eligible Accounts through our Website. In order to do so you
must have a username, a password and any other security devices or credentials we may require from
time to time along with the required hardware and software as described in this Agreement or on the
Website. You must comply with any security procedures and policies we may establish from time to
time.
- Authorized Transactions: You agree to safeguard your username, password, other security
devices or credentials and your Account number(s). If you give someone your Online Banking Service
username, password and/or other security devices or credentials, you are authorizing that person to
use the Online Banking Service in your name, and you are responsible for all transactions the person
performs using your Online Banking Service username, password and other security devices or
credentials. All transactions performed by that person, even those transactions you did not intend
or want performed, are authorized transactions.
- Log Out: For your protection, log out after every Online Banking Service session and
close your browser to ensure confidentiality.
- System Maintenance: At certain times, online access to some or all of your Eligible
Accounts may not be available due to system maintenance or circumstances beyond our control. Our
Customer Care associates may be contacted 24 hours a day, 7 days a week at support@fvbank.us.
D. FV Bank Deposits Agreement
FV Bank allows you to make deposits to your FV Bank account through ACH and
other remotely initiated payment services.
1. Deposit Fees
The fees applicable to the Services are set forth in FV Bank's current Fee Schedule, available on
our website at fvbank.us/banking-fees. The current
published fees supersede any prior fee
schedules or fee disclosures previously provided to you
2. Limits
We may impose limits on the dollar amount or number of deposits you make, and such limits shall be
provided to you when you access Account. We may change such limits at any time at our
discretion.
3. Prohibited Payments and /or Deposits
You agree that you are independently responsible for complying with all applicable laws in all of
your activities related to your use of the Online Banking Services. The following types of payments
are prohibited, and we have the right - but not the obligation to monitor for, block, cancel, and/or
reverse such payments:
a. Payments to or from persons or entities located in prohibited territories (including any
territory outside of the United States); and
b. Payments that violate any law, statute, ordinance or regulation; and
c. Payments related to illegal 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 dog racing, lottery
tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally
defined as a lottery) and sweepstakes; and
d. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs,
other "get rich quick" schemes (2) are for the sale of items before the seller has control or
possession of the item, (3) constitute money-laundering or terrorist financing, (4) 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.
Except as required by applicable law, in no event shall we or our Vendors be liable for any claims
or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice
to us by the methods described in Section IV(G) Other Terms and Conditions of any violations of the
General Terms or the Agreement generally.
4. Information Authorization
Your enrollment in our Online Banking Services will not be fulfilled if we cannot verify your
identity or other necessary information. Through your enrollment in or use of the Online Banking
Services and Payments Services, you agree that we reserve the right to request a review of your
credit rating at our own expense through an authorized bureau. In addition, and in accordance with
our Privacy Policy, you agree that we reserve the right to obtain personal information about you,
including without limitation, financial information and transaction history regarding your Eligible
Account. You further understand and agree that we reserve the right to use personal information
about you for our and our Vendors’ everyday business purposes, such as to maintain your ability to
access the Service, to authenticate you when you log in, to send you information about the Service,
to perform fraud screening, to verify your identity, to determine your transaction limits, to
perform collections, to comply with laws, regulations, court orders and lawful instructions from
government agencies, to protect the personal safety of subscribers or the public, to defend claims,
to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and
property, and to customize, measure, and improve the Online Banking Service and Other Payments
Services and the content and layout of the Site. Additionally, we and our Vendors may use your
information for risk management purposes and may use, store and disclose your information acquired
in connection with this Agreement as permitted by law, including (without limitation) any use to
effect, administer or enforce a transaction or to protect against or prevent actual or potential
fraud, unauthorized transactions, claims or other liability. We and our Vendors shall have the right
to retain such data even after termination or expiration of this Agreement for risk management,
regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business
purposes. In addition, we and our Vendors may use, store and disclose such information acquired in
connection with the Online Banking Service and Other Payments Services in statistical form for
pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the
performance of the Online Banking Service and Other Payments Services.
(i) Mobile Subscriber Information. You authorize your wireless carrier to disclose
information about your account, such as subscriber status, payment method and device details, if
available, to us and our Vendors to support identity verification, fraud avoidance and other uses in
support of transactions for the duration of your business relationship with us. This information may
also be shared with other companies to support your transactions with us and for identity
verification and fraud avoidance purposes.
(ii) Device Data. We may share certain personal information and device-identifying technical
data about you and your devices with third party service providers, who will compare and add device
data and fraud data from and about you to a database of similar device and fraud information in
order to provide fraud management and prevention services, which include but are not limited to
identifying and blocking access to the applicable service or Web site by devices associated with
fraudulent or abusive activity. Such information may be used by us and our third-party service
providers to provide similar fraud management and prevention services for services or Web sites not
provided by us. We will not share with service providers any information that personally identifies
the user of the applicable device.
5. Wireless Operator Data
In addition to Section II(D)(4) (Information Authorization), you acknowledge that FV Bank may use
information on file with your wireless operator to further verify your identity and to protect
against or prevent actual or potential fraud or unauthorized use of the Service. By using the Online
Banking Service and other Payment Service, you authorize your wireless operator (AT&T, Sprint,
T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number,
name, address, email, network status, customer type, customer role, billing type, mobile device
identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow
verification of your identity and to compare information you have provided to us with your wireless
operator account profile information for the duration of our business relationship.
6. Liability
Subject to our obligations under applicable laws and regulations, neither we nor our Vendors shall
have any liability to you for any such transfers of money, including without limitation, (i) any
failure, through no fault of us to complete a transaction in the correct amount, or (ii) any related
losses or damages. Neither we nor our Vendors shall be liable for any typos or keystroke errors that
you may make when using the Online Banking Service or Payment Service. THE ONLINE BANKING SERVICE
AND PAYMENT SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS, BUSINESS AND PEOPLE WITH WHOM
YOU ARE FAMILIAR. YOU SHOULD NOT USE THE ONLINE BANKING SERVICE TO SEND MONEY TO ANYONE THAT YOU DO
NOT TRUST. SUBJECT TO OUR OBLIGATIONS UNDER APPLICABLE LAWS AND REGULATIONS, YOU AGREE THAT YOU, NOT
WE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER PARTY
WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE ONLINE BANKING SERVICE
AND/OR PAYMENT SERVICE.
7. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, FV BANK MAKES NO EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PAYMENT SERVICE.
FV BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON- INFRINGEMENT, WITH REGARD TO THE PAYMENT SERVICE. FV BANK DOES NOT WARRANT
THAT THE PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL
BE CORRECTED. THE PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
8. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, FV BANK, ITS
OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE
PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
PAYMENT SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE PAYMENT SERVICES DESCRIBED OR
PROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THE PAYMENT SERVICE OR WITH THE TERMS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE ONLINE BANKING SERVICE AND PAYMENT SERVICES. IN THOSE STATES
WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT
APPLY, ANY LIABILITY OF OURS, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL
INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT
PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
9. Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the
Online Banking Service and Payment Service and except as otherwise provided in these Terms, you
agree to indemnify, defend and hold harmless FV Bank, its owners, directors, officers, agents and
Network Financial Institutions from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential, exemplary and indirect damages),
and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors or
inability to use the Online Banking Service and/or Payment Service, or any violation by you of the
terms of these Terms.
10. Vendor Release
You release us and our Vendors and the employees and contractors of each of these, from any and all
claims, demands and damages (actual and consequential) of every kind and nature arising out of or in
any way connected with any dispute that may arise between you or one or more other users of the Site
or the applicable Payment Services. In addition, if applicable to you, you waive California Civil
Code §1542, which states that a general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release, which if not known
by him must have materially affected his settlement with the debtor.
E. Payment Services Terms
1. Third-Party Service Providers (“Vendors”)
We use one or more unaffiliated third-party service providers (referred to as “Vendors”) to act on
our behalf in maintaining, servicing and processing payment instructions related to Payment
Services. However, we are the sole party liable to you and any third party for any payments or
transfers conducted using the Online Banking Service and/or Payment Services. You agree that we have
the right under this Agreement to delegate to Vendors all of the rights and performance obligations
that we have under this Agreement, and that the Vendors will be third party beneficiaries of this
Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
We and our Vendors may share with each other information about you and your Eligible Account for the
purpose of providing Online Banking Service and/or Payment Services, including making payments, and
obtaining repayment of advances and payment of fees and expenses. All of our Vendors are required to
implement appropriate measures to protect the privacy and security of your non-public personal
information.
2. Receipts and Transaction History
You may view your transaction history by logging into the Online Banking Service and looking at your
transaction history. You agree to review your transactions by this method instead of receiving
receipts by mail.
3. Service Fees and Additional Charges
You are responsible for paying all fees associated with your use of the Online Banking Service and
Payment Service., . There may also be charges for additional transactions and other optional
services. You agree to pay such charges and authorize us to deduct the amount of the fee from your
Eligible Account. The fees applicable to your account are set forth in FV Bank's Fee Schedule, as
published on our website and amended from time to time. The current Fee Schedule is available here:
fvbank.us/banking-fees.
4. Notices to You
You agree that we or our Vendor may provide notice to you by posting it on the website, sending you
an in-product message within the Online Banking Service, emailing it to an email address that you
have provided, mailing it to any postal address that you have provided, or by sending it as a text
message to any mobile phone number that you have provided, including but not limited to the mobile
phone number that you have listed in your Service setup or customer profile.
5. Taxes
It is your responsibility to determine what, if any, taxes apply to the transactions you make or
receive, and it is your responsibility to collect, report and remit the correct tax to the
appropriate tax authority. We are not responsible for determining whether taxes apply to your
transaction, or for collecting, reporting, or remitting any taxes arising from any
transaction.
6. Intellectual Property
All other marks and logos related to the Online Banking Service and Payment Services are either
trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom
graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those
of our licensors. You may not copy, imitate, or use any of the above without our prior written
consent, which we may withhold in our sole discretion, and you may not use them in a manner that is
disparaging to us, and/or Payment Services or display them in any manner that implies our
sponsorship or endorsement. All right, title and interest in and to the Online Banking Service, the
portion of the web site through which the Payment Services are offered, the technology related to
the Website, Payment Services and any and all technology and any content created or derived from any
of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions,
ideas, notes, drawings, concepts, or other information you may send to us through or regarding the
Site or Online Banking Service shall be considered an uncompensated contribution of intellectual
property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual
property, and shall not be subject to any obligation of confidentiality on our part. By submitting
any such materials to us, you automatically grant (or warrant that the owner of such materials has
expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed, and you warrant that all so-
called "moral rights" in those materials have been waived, and you warrant that you have the right
to make these warranties and transfers of rights.
7. Acceptable Use
You agree that you are independently responsible for complying with all applicable laws in all of
your activities related to your use of the Online Banking Service, regardless of the purpose of the
use, and for all communications you send through the Online Banking Service. We and our Vendors have
the right but not the obligation to monitor and remove communications content that we find in our
sole discretion to be objectionable in any way. In addition, you are prohibited from using the
Online Banking Service for communications or activities that: (a) violate any law, statute,
ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial
exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or
images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e)
infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary
right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large
load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer
programming routines that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information; (h) constitute use of any robot, spider, other
automatic device, or manual process to monitor or copy the Online Banking Service or the portion of
the Site through which the Online Banking Service is offered without our prior written permission;
(i) constitute use of any device, software or routine to bypass technology protecting the Site or
Online Banking Service, or interfere or attempt to interfere, with the Site or the Online Banking
Service; or (j) may cause us or our Vendors to lose any of the services from our internet service
providers, payment processors, or other vendors. We encourage you to provide notice to us by the
methods described in Section IV OTHER TERMS AND CONDITIONS of any violations of the General Terms or
the Agreement generally.
8. Failed or Returned Payment Instructions
In using the Online Banking Service and/or Payment Services, you are requesting that we or our
Vendor attempt to make payments for you from your Eligible Account. If the Payment Instruction
cannot be completed for any reason associated with your Eligible Account (for example, there are
insufficient funds in your Eligible
Account),
the Payment Instruction may or may not be completed. In the event a Payment Instruction is processed
resulting in a negative balance in your Eligible Account, you agree that:
(a) You will reimburse us immediately upon demand the amount of the Payment Instruction if the
payment has been delivered but there are insufficient funds
in your Eligible Account to allow the
debit processing to be completed;
(b) You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus
costs of collection by us or a third-party contractor if the Payment Instruction cannot be debited
because you have insufficient funds in your Eligible Account to cover the payment, or if the funds
cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF
charges that may be assessed by us, as set forth in FV Bank's current Fee Schedule, as published on
our website
fvbank.us/banking-fees, and updated from time to time.
You hereby authorize us to deduct all of these amounts from any Account you have at FV Bank.
9. Privacy of Others
If you receive information about another person through the Online Banking Service, you agree to
keep the information confidential and only use it in connection with the Online Banking Service.
F. Additional Online Banking Terms
1. Online Banking Alerts
a. Automatic Alerts: We may automatically send you email and/or text alerts
based on your preferences when certain changes or other events occur such as when you change
your password or when a recurring transfer begins processing (“Automatic Alerts”). These
Automatic Alerts help us to protect the security of your Online Banking Services.
b. Subscription Alerts: You may choose to sign up to receive certain email and/or text
alerts related to your Alerts Eligible Account such as Eligible Account balances or when you
have certain transactions. (“Subscription Alerts”).
The following apply to both Automatic Alerts and Subscription Alerts:
1. While we do our best to provide timely Alerts with accurate information, you
understand and
agree
that your Alerts may be delayed or prevented by a variety of factors that are outside our
control.
We do not guarantee the delivery or the accuracy of Alerts. We are not liable for any delays,
failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an
Alert;
or for any actions taken or not taken by you or a third party in reliance on an Alert.
2. We do not include your password or full account number in Alerts. You acknowledge and
agree
that
Alerts are sent to you without being encrypted and that they may include your name and some
information about your Eligible Account(s). Depending on the Alert, information such as your
Eligible Account balance, Payee names, or transaction amounts may be included. Anyone with
access to
your email will be able to view the content of these Alerts.
3. We provide all Alerts as a courtesy to you, and they are for informational purposes
only. We
reserve the right to terminate Alerts at any time without prior notice to you.
2. General Terms
We can transfer all or any of our rights and legal responsibilities under these terms without
your permission provided any warranties are not affected. Your rights and duties under this
Agreement
apply only to you and cannot be transferred to any other person without our written permission.
If we don’t enforce any part of these terms at any time, this will not stop us from doing so in
the
future. If any of these terms are found not to be valid or cannot be enforced in full or in
part, the rest of the terms will continue to apply as normal.
3. Electronic Eligible Account Statements
Eligible Account transaction history and digital statements are available online to Primary
Owners and certain Authorized Users.
G. Text Messages, Calls and/or Emails to You
By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us at that number and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates, Video Calls, Vendors and agents. You further consent to receiving text messages from us at that number, and/or emails from us for marketing purposes in connection with the Online Banking Service and consistent with our Privacy Policy. We may record telephone or video calls we have with you in support of the Services we provide to you. Please review our Privacy Policy for more information.
H. Equipment and Software Requirements
You are responsible for obtaining, maintaining, and operating your own equipment used to access and perform Online Banking Services including but not limited to transactions and payments. We will not be responsible for any failure or errors resulting from the malfunction of your equipment. We support non-beta versions of browsers and platforms for accessing the Online Banking Services via our Website.
III. FV Bank Mobile Services
A. Overview
This Section III sets forth additional terms and conditions that shall apply if you use an Eligible
Mobile Device to access our Mobile Services. Except where modified by this Section III, all terms
and conditions applicable to Online Banking Services remain in effect. This Section III, in
conjunction with the remainder of this Agreement, constitutes the entire agreement between us and
you relating to the Mobile Services, supersedes any other agreements relating to the Mobile
Services, and may only be amended in accordance with Section I(C) of the Agreement. If there is a
conflict between the terms of this Section III and any other agreement entered into between you and
FV Bank, the terms of this Section III shall govern your use of the Mobile Services.
B. Definitions
- “Eligible Mobile Device” means (a) with respect to a Mobile App, a data-enabled cellular phone, tablet or other recognized mobile device that runs an FV Bank-supported version of the Android or Apple iOS platform, and (b) with respect to the Mobile Web, any cellular phone or other recognized mobile device that we support with the capability to access the internet.
- “Mobile App” means the FV Bank software application available for download on Eligible Mobile Devices, through which Mobile Services may be accessed.
- “Mobile Services” means the Online Banking Services available to Eligible Accounts through the Mobile Apps
- “Software” means (a) all software elements and peripherals, (b) related documentation and services, and (c) all upgrades and updates that replace or supplement the foregoing, as existing in the Mobile Apps. We reserve the right to change the Software at any time without prior notice.
The Software may not be compatible with every mobile device. FV Bank recommends
that you use an
Eligible Mobile Device, because they are the devices for which our Mobile Apps are designed.
However, FV Bank does not represent or warrant the performance or operation of any Eligible Mobile
Device. You are responsible for selecting an Eligible Mobile Device, and all issues relating to the
operation, performance, and costs associated with such device are between you and your wireless
telecommunications provider and/or the individual/entity who sold or provided you with such
device.
Should you choose to access our Mobile Services, you are responsible for obtaining, maintaining, and
operating an Eligible Mobile Device to achieve such access. FV Bank shall not be responsible for any
failure or errors from the malfunction of your equipment.
For app-based services on mobile phones:
- Android (5.0 and higher) and iOS (9.0 and higher)
You also accept responsibility for making sure that you understand how to use your Eligible Mobile
Device as well as the Software before you actually do so. You understand that we may change or
upgrade the Software from time to time and that, in such an event; you are responsible for making
sure
you understand how to use the Software as upgraded or changed. You also acknowledge that we may
condition your continued use of the Software on your acceptance of upgrades of the Software. While
your personal settings and preferences may be retained, there is still the possibility that they may
be lost during such an upgrade process and you should verify your personal settings and
preferences.
You may access the Mobile Services through an Eligible Mobile Device, and you
understand that the
terms of Section II.C., Access to Online Banking Services and Your Obligations, govern your access
to the Mobile Services, including, without limitation: required security procedures; safeguarding
your login credentials; and your obligations with respect to authorized and unauthorized
transactions. The same login credentials (username, password and any other security devices or
credentials) that allow you access to Online Banking Services via the Website shall apply to your
access to the Mobile Services.
You agree to take every precaution to ensure the safety, security, and integrity of your accounts
and transactions when using the Mobile Services. You agree not to leave your Eligible Mobile Device
unattended while logged into the Mobile Services and to log off immediately upon the completion of
each access session. If your Eligible Mobile Device is lost, stolen, or used without your
authorization, you agree to make the appropriate or necessary changes to disable the use of the
Eligible Mobile Device including contacting your wireless telecommunications provider to effectuate
such change. You understand that there are risks associated with using a mobile device, and that in
the event of theft, loss, or unauthorized use, your confidential information could be compromised.
You accept those risks. FV Bank does not recommend the use of rooted or jailbroken devices to access
your account online. Accessing your accounts with a rooted or jailbroken device increases the risk
of your accounts being compromised.
E. Software and Mobile Services Limitations
1. Neither we nor our Vendors can always foresee or anticipate technical or other difficulties
related to the Software. These difficulties may result in a loss of data or personal settings and
preferences, dropped connections, disabled features, or other Mobile Services interruptions. Should
this happen, review your transaction status to verify the status of any attempted transaction when
you return to an area with wireless coverage or where you have access to a computer. Neither we nor
any of our Vendors assumes responsibility for the timeliness, deletion, mis-delivery, or failure to
store any user data, communications, or personalization settings in connection with your use of the
Software, nor do we or our Vendors assume any responsibility for any disclosure of account
information to third parties as a result of the action or inaction of you or your wireless
telecommunications provider.
2. Neither we nor any of our Vendors assumes responsibility for the operation, security,
functionality, or availability of any mobile device or wireless telecommunications network which you
use to access Mobile Services.
3. You agree to exercise caution when using the Mobile Services on your Eligible Mobile Device
and to use good judgment and discretion when obtaining or transmitting information.
4. Information about your online banking activity is synchronized between the Software and the
Website. Information (including transfer information) available via the Software may differ from the
information that is available directly through the Website. Information available directly through
the Website may not be available via the Software, may be described using different terminology, or
may be more current than the information available via the Software, including but not limited to
account balance information. The method of entering instructions via the Software also may differ
from the method of entering instructions through the Website. Unless otherwise required by
applicable law, we are not responsible for such differences, whether or not attributable to your use
of the Software. Additionally, you agree that neither we nor our Vendors will be liable for any
errors or delays in the content displayed via the Software, or for any actions taken in reliance
thereon.
F. Fees
FV Bank does not currently charge a fee for using the Mobile App, but your wireless telecommunications provider for your Eligible Mobile Device or other third parties that you may utilize may impose fees to make that device data-capable, to exchange data between the Eligible Mobile Device and the Mobile App (as applicable), or based on the location of your use (e.g., fees for roaming or using your Eligible Mobile Device in a foreign country). Please check with your wireless telecommunications provider(s) about any such potential applicable fees, Deposit Agreement for other generally applicable account fees.
G. Software Use; Grant of License
You agree that your use of the Software provided to you by FV Bank to facilitate your use of the Mobile Services will be limited solely to access and use of the Mobile Services. FV Bank hereby grants you a limited, personal, non-exclusive, non-transferable license to install the Software on your Eligible Mobile Device for your personal use. You may not, nor shall you permit any third party to: (1) copy, decompile, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof; (2) rent, lease, lend, sell, redistribute, or sublicense the Software; or (3) otherwise exercise any other right to the Software not expressly granted in this Agreement. FV Bank may use a third party that is not affiliated with FV Bank to provide certain licensed Software to support the Mobile Services.
If you obtain a different Eligible Mobile Device, you may be required to download and install the Software to that different device under the same terms set forth in this Agreement. You agree to delete all such Software from your mobile device promptly if the license rights granted to you are terminated for any reason.
H. Ownership of Software
Nothing in this Agreement (including, without limitation, the license granted in Section III.G) conveys to you an interest in or to the Software, and we provide you only a limited right of use which we can revoke and terminate in accordance with Section IV(D). The Software is not sold to you, and all rights not expressly granted herein are reserved to FV Bank and its licensors. FV Bank and its licensors own all right, title, and interest in and to the Software. No license or other right in or to the Software is granted to you except for the rights specifically set forth in this Agreement.
I. Privacy
Use of the Mobile Services involves the electronic transmission of personal financial information across the networks of your wireless telecommunications provider. Because we do not operate or control the wireless networks used to access Mobile Services, we cannot guarantee the privacy or security of wireless data transmissions. Upon receipt of your data or information, FV Bank will treat it in accordance with our privacy and security policies referenced in and accessible
J. Accessing Account Information and Services
FV Bank will not be liable for any losses resulting from circumstances over which we have no control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, war and other acts of hostility, severe weather, earthquakes, floods, or other such events. You acknowledge that there are alternate methods for accessing the information and processing the transactions provided by the Online Banking Service.
K. No Warranties
YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN
OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A
VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, FV BANK AND ITS VENDORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND
ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING
SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FV BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR
REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICES WILL BE ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR
DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED OR (VI) THE WEBSITE IS FREE OF VIRUSES OR HARMFUL
COMPONENTS.
L. Limitation on Liability
IN NO EVENT WILL FV BANK OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR VENDORS BE LIABLE TO YOU FOR DAMAGES DUE TO OUR FAILURE TO COMPLETE A TRANSFER OR OTHER SERVICE. NEITHER FV BANK NOR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR VENDORS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF FV BANK IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
IV. Other Terms and Conditions
A. Service Charges
There are FV Bank service charges for certain transactions and conditions. For details regarding
applicable fees, please refer to the current Fee Schedule available on our website at
fvbank.us/banking-fees.
B. Other Fees and Charges
You can find the fees and charges that apply to your Eligible Accounts in FV Bank's current Fee
Schedule, available on our website at fvbank.us/banking-fees. You may also incur fees and
charges from:
1. Your internet service provider.
2. Your mobile device carrier or texting provider.
3. Purchases of software programs; and
4. Other third-party charges.
C. Service Hours
Online Banking Services are available 24 hours a day, 365 days a year — except during system
maintenance and upgrades or when interrupted by circumstances beyond FV Bank's control. However,
Deposit, payments, transfers between FV Bank and accounts at other financial institutions, requests
for wire transfers and transfers to and from other people using person-to-person payments can only
be processed on Business Day during Business hours.
D. Termination of Online Banking Services
If you close an Account, you will no longer have access to certain Online Banking Services. We may
also suspend or terminate access to your Online Banking Services at any time, for any reason. We
will provide prior notice of termination as may be required by law, but we may terminate your
Account without notice if necessary, to maintain or restore the security of an Account or of our
systems. Our suspension or any termination of your access to Online Banking Services will not affect
any obligations or liability you might have under this Agreement.
E. Secure Message
Our Secure Message provides you with a safe, secure way to correspond with us and to send
documents.
1. When you use Online Banking to access Secure Message and send messages and documents to Customer
Care, the content of your message will be transmitted using technology intended to protect your
privacy.
2. We are not responsible for any information sent by you through an email system other than Secure
Message as it may not be secure and may be observed by third parties in its transmission.
3. We need a reasonable amount of time to research and reply to your requests, although we will make
every effort to respond to your message within 24 hours when sent via Secure Message. Messages sent
outside Secure Message may not be held to the same response time.
F. Contact by FV Bank or Affiliated Parties
FV Bank employees may require your username for the purposes of authentication. However, no FV Bank
employee, nor any company affiliated with FV Bank, will contact you via email or phone requesting
your username in conjunction with your password. If you are contacted by anyone requesting this
information, do not provide it, and please contact us immediately.
G. Making Inquiries on Transfers and Other Online Banking Services
If you have any questions about your electronic transfers or other Online Banking Services, you can
contact us through the Online Banking Service Secure Message feature or you can email us at support@fvbank.us or you can write us
at FV Bank Customer Care, 270 Avenida Munoz Rivera Suite 1120, San Juan Puerto Rico 00918. If it is
an emergency, you may call us at the phone number listed on our website at fvbank.us
H. Notices and Communications
Except as expressly provided otherwise in this Agreement, we will provide you notices, Alerts and
other information regarding your Eligible Account or the Online Banking Service through electronic
means (either email, text message, or by posting information on www.fvbank.us), or by other means
available. To the extent that the information is sent via email or text message, it will be sent to
either your Secure Message feature that you access through Online Banking on our Website or your
external email address that you provided to us or to your enrolled mobile number, unless a different
address has been specified in accordance with procedures we may establish from time to time. Any
Eligible Account or Online Banking Service-related communication will be deemed to be sent on the
first Business Day following the date on the communication. Any Eligible Account or Online Banking
Service related communication posted on our Website or otherwise sent to you will be deemed to be
delivered to and received by you and any Joint Owner on the third (3rd) Business Day following the
date on the communication. We always reserve the right to communicate with you through the Postal
Service or overnight courier.
I. Privacy and Data Security
Please see our "Online Privacy Policy" located at fvbank.us/privacy
J. Assignment
You may not assign this Agreement to any other party. We may assign this Agreement to any directly
or indirectly affiliated company. We may also assign or delegate certain of our rights and
responsibilities under this Agreement to independent contractors and other third parties.
K. No Waiver
We shall 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.
L. Governing law
This Agreement and our provision of the Online Banking Services are governed by the laws of Puerto
Rico and applicable federal law, without regard to any different state/country laws that may govern
your Accounts.
M. Rules of Interpretation
If any part of this Agreement is determined to be invalid or unenforceable, such determination will
not affect the remainder of this Agreement.
N. Consent to Use of Technical Data
In connection with your use of our Services, you agree that FV Bank may collect and use technical
data and related information, including but not limited to technical information about your Eligible
Mobile Device, system, and application software and peripherals, that is gathered periodically to
facilitate the provision of Software updates, product support, and other services to you (if any)
related to our Services. FV Bank may use this information to improve its products or to provide
services or technologies to you.
O. Indemnification
You agree to defend, indemnify and hold harmless us, our third party Vendors and their officers,
directors, employees and agents from and against any and all third party claims, liabilities,
damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs,
arising out of or in any way connected with your access to or use of the Services, your violation of
these terms or your infringement, or infringement by any other user of your account, of any
intellectual property or other right of anyone.
P. Export Controls
The Software and other programs, materials, tools, and technical data provided as part of the Online
Banking Services may be subject to U.S. export controls or the trade laws of other countries. You
agree to comply with all export control regulations. You also acknowledge that you, not FV Bank,
have the responsibility to obtain such licenses to export, re-export or import as may be required.
You agree not to export or re-export to individuals or entities on the most current U.S. export
exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the
U.S. export law.
Q. Ownership
You agree that we and our Vendors, as applicable, retain all ownership and proprietary rights
associated content, technology, mobile applications and websites. You acknowledge and agree
that all
trademarks and service marks displayed on the website belong to us or an affiliate, except third
party trademarks and service marks, which are the property of their respective owners. You are
only
permitted to use the content displayed on this site as expressly authorized by us. You may not
copy,
reproduce, distribute, or create derivative works from this content. Further, you may not
reverse
engineer or reverse compile any of our technology, including but not limited to, any technology
associated with mobile or online banking.
R. User Conduct
In addition to the prohibitions described in Section II(D)(3) Prohibited Payments and/or Deposits
and Section II(E)(7) under Acceptable Use, you agree that you will not use the
Software, or any content delivered to you as part of your use of the Mobile Services in any way that
would:
(1) infringe any third party copyright, trademark, trade secret, patent, or other
proprietary rights or rights of publicity or privacy, including any rights in the Software; (2)
interfere with or disrupt computer networks connected to the Software; (3) interfere with or disrupt
the use of Mobile Services by any other user; or (4) use the Mobile Services in such a way as to
gain unauthorized entry or access to the computer systems of others.