Digital Banking Services Agreement

A. Description of Services

This Digital Services Agreement (“Agreement”) describes your rights and obligations as a user of the Online Banking or Mobile Banking services ("Digital Services"). This Agreement also contains information about doing business with us electronically and about certain rights and options you may have. In order to use the Digital Services we offer, you must agree to do business with us electronically and to receive certain information electronically instead of in paper form as described in this Agreement. If you do not agree to the terms of this Agreement, we may not allow you to enroll in or use any applicable Digital Services. Additionally, this Agreement describes the rights and obligations of First State Bank. Please read this Agreement carefully and print or retain a copy for your reference. By requesting and using the Digital Services, you agree to comply with the terms and conditions of this Agreement and any additional authorizations, consents or disclosures contained herein or by reference.

B. Other Agreements

Your use of the Digital Services may also be affected by a deposit or other agreement between us for your accounts with us. Your use of the Digital Services is your acknowledgment that you have received these other agreements and intend to be bound by and comply with the requirements of the other agreements applicable to each of your Eligible Accounts, including any applicable fee schedules. You should review the other disclosures received when you opened your accounts at First State Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures. You acknowledge that your use of the Digital Services may incur additional fees unless otherwise stated in this Agreement or any other agreement or fee schedule. We will automatically deduct any such fees, if applicable, from your Eligible Account each month. Notwithstanding the foregoing, if your enrollment in the Digital Services involves the use of Intuit Financial Management Software, you understand that any fees imposed as a result of your use of the Intuit Financial Management Software are imposed solely by First State Bank and not by Intuit or Fiserv Solutions, LLC.

C. Conflicts between Agreements

When more than one Agreement exists concerning your accounts with us, if this Agreement conflicts with the other agreement or has terms that are not addressed in this Agreement, then the other agreement will control unless this Agreement states otherwise. Additionally, if another agreement you have with us includes terms that address the Digital Services, then this Agreement will control.

D. Modifications to this Agreement

First State Bank may modify the terms and conditions applicable to this Agreement from time to time by making the new terms and conditions available on our Website. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of the Digital Services in whole or in part at any time without prior notice.

E. Governing Law

This Agreement is governed by the laws of the State of Florida and applicable federal law.

A. Access to Digital Services

First State Bank provides Frequently Asked Questions on how to login into the Digital Services through the Login Help function. You will gain access to your Eligible Accounts through the use of your Internet-enabled device, your Internet Service or Data Provider, your Login ID and your Password. Your enrollment in the Digital Services may include access to some products and services through a mobile device. Refer to the Mobile Banking Services section for additional details regarding use of a mobile device. System Requirements

You are responsible for obtaining, installing, maintaining and operating all software, applications, hardware or other equipment (collectively, “your system”) necessary for you to access and use the Digital Services. This responsibility includes, without limitation, you utilizing up-to-date web browsers and commercially available encryption, antivirus, anti-spyware, internet security software and maintaining appropriate technical security controls as well as appropriate user access controls. You are additionally responsible for obtaining Internet services via the Internet Service or Data Provider of your choice, for any and all fees imposed by such Internet Service or Data Provider and any associated communications service provider charges.

You acknowledge that there is certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of your system used to access the Digital Services, and for the transmission and receipt of information using such systems. You acknowledge that you have requested the Digital Services for your convenience, have made your own independent assessment of the adequacy of the Internet and your system, and that you are satisfied with that assessment.

We are not responsible for any errors, unauthorized access, or data compromised as a result of the lack of appropriate security controls within your System or problems that arise from the malfunction or failure of the Internet or your system nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your system. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

Notwithstanding the foregoing, you acknowledge and agree that our network computing system, platform delivery system and any similar systems provided by us or through our third party service providers (collectively, “our systems”) are private computing systems whose use is restricted to authorized individuals. Actual or attempted unauthorized use of our systems will result in criminal and/or civil prosecution. We and our third party service providers reserve the right to view, monitor and record activity on our systems without notice or permission. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on our systems. If you are not an authorized user of our systems or do not consent to continued monitoring, exit our systems immediately.

B. Password and Biometric Identification 

We may at our option change the parameters for the Password used to access the Digital Services without prior notice to you and, if we do so, you will be required to change your Password the next time you access the Digital Services. You agree not to allow anyone to gain access to the Digital Services or to let anyone know your Password used with the Digital Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

We provide an alternate method to access the Mobile Banking Services through biometric identification (via Touch ID or facial recognition). If you choose to utilize the biometric identification access method, you acknowledge that we can accept and act upon identification communicated to us from that mobile device, and we can grant you access to your Eligible Account(s) without further action or responsibility on our part to confirm your identity. If you allow any other person’s biometric identification to be associated with a mobile device that you have registered for your biometric identification, you understand that you are authorizing that person to access and transact the Mobile Banking Services to the same extent as if you shared your Login ID and Password with that person. You understand that setting up an enrolled fingerprint of an individual other than yourself allows access to your Eligible Account(s) whether or not that person is an authorized user or authorized signer on your Eligible Account(s). ENABLING BIOMETRIC IDENTIFICATION ON A MOBILE DEVICE THAT YOU SHARE WITH ANOTHER PERSON IS STRONGLY DISCOURAGED. 

A. Authorization to Contact You about Your Account

By providing us with your telephone number, cellular telephone number, email address or other contact information, you authorize us, and our affiliates to contact you using any Automatic Telephone Dialing System, Prerecorded Voice, Voicemail, Messaging Service or Email Alert. You agree to notify us promptly if any of your contact information changes. In addition, you agree that we may also contact you at any telephone number that we may obtain for you in the future using any Automatic Telephone Dialing System, Prerecorded Voice, Voicemail, or Messaging Service. Any complaint received from you via email will be responded to in the same manner and to the same address(es) from which the email was sent and that any communication by email constitutes your agreement to accept notices and other important communication by email.

B. Secure Messages

If you send us a Secure Message through Digital Services, we will be deemed to have received it on the following business day. You acknowledge that we will have a reasonable time to act on your Secure Message. You should not use a method other than Secure Messaging, such as unencrypted email, to communicate sensitive information to us.

You should not rely on Secure Messaging if you need to communicate with us immediately. For example, if you need to report an unauthorized transaction from one of your Eligible Accounts, or if you need to stop a payment that is scheduled to occur.

You agree that we may respond to you by Secure Message with regard to any matter related to the Digital Services, including responding to any claim of unauthorized electronic funds transfer that you make. Any such Secure Message we send to you shall be considered received by you within three (3) days of the date we sent the Secure Message, regardless of whether or not you access the Digital Services within that time frame.

C. Short Message Service/ Text Banking

Your enrollment in the Digital Services may involve the use of Short Messaging Service, or SMS (text messages) to communicate with you through a mobile device. SMS allows you to opt-in to receive alerts and two factor authentication codes for banking products. We may send text messages through your communication service provider in order to deliver them to you. You agree that your communication provider is acting as your agent in this capacity. You agree to provide a valid phone number for this service so that we may send you certain information about your applicable account(s).

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

We will determine in our sole discretion what information we make available through this service. Text banking is provided for your convenience and does not replace your monthly account statement(s), which are the official record of your accounts.

Our provision of the Short Message Service is limited to United States resident SMS users. To the extent you, as an SMS user, have a plan with a carrier that provides for access and use of SMS with your wireless device(s) while you are outside of the United States, such access and use of the SMS is permitted under this Agreement. You agree that we or our affiliated companies may provide the Short Message Service or may utilize one or more third party SMS aggregation service providers for the provision of all or some of the Short Message Service without violating any of the terms of this Agreement.

There are no premium charges for using SMS. Message and data rates may apply.

SMS users will receive one message per query. Depending on the request, multiple replies could be received. 

To opt-out of SMS, reply STOP to 97426. An unsubscribe message will be sent to your number confirming the cancellation, but no more messages will be sent after that one. For support or information about SMS, reply HELP to 97426. Optionally, you may email us at support@keysbank.com or call 305-296-8535.

We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of account information to third parties. Also, nothing about Text Banking creates any new or different liability for us beyond what is already applicable under your existing account agreements.

This service may not be encrypted and may include personal or confidential information about you, such as your account activity or status. You agree to protect your communications device that receives information through this service and not to let any unauthorized person have access to the information we provide to you through this service. 

D. Alerts

Your enrollment in First State 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 First State Bank account(s). Alerts are provided within the following categories:

• Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
• Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the main menu within First State Bank’s Online Banking and the main menu within First State Bank’s Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. 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. First State Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

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 First State Bank’s Online Banking message in-box, by an e-mail message. 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's 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.

Alerts via Text Message. To stop Alerts via text message, text "STOP" to 70280 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 First State Bank’s Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again.  For help with SMS text alerts, text “HELP” to 70280. In case of questions please contact customer service at {305-296-8535}. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.

Limitations. First State 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 First State Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold First State 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.

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.

E. Consent to Receive Communications via Electronic Delivery

Upon your enrollment in the Digital Services, you consent to conduct transactions electronically and to electronically receive disclosures, and other communications (“E-Consent”). You agree that we may provide you with any disclosures, notices or other information legally required in connection with your account electronically rather than in paper form. You further agree to provide us with information (such as a current email address) needed to communicate with you electronically, and to update us as to any changes in such information by contacting us at any one of our branches, or by calling or writing to us. You acknowledge and consent to the following:

1. You authorize us to deliver your First State Bank statements and disclosures electronically as an E-Statement via Online Banking subject to the Terms and Conditions set forth herein. Until you properly cancel this consent, you will receive your statements electronically as an E-Statement instead of in paper form via U.S. mail.
2. You will be able to view your E-Statement through First State Bank's Online Banking system. In order to view your E-Statement, your computer must meet the requirements outlined on our website, www.KeysBank.com and as included below. First State Bank is not responsible if your computer cannot meet these requirements or if you are unable to print your E-Statement.
3. You will have to provide your email address to enroll in E-Statements and we will send you an email notification notifying you when your E-Statement is available for viewing. 
4. If you have more than one First State Bank account, you must select the E-Statement option for each account. For business accounts,  authorized signers may be able to accept this E-Consent.
5. If you receive E-Statements, you agree to review all statement inserts, which may contain important notices and disclosure information, and information on new products and services. First State Bank reserves the right to continue to send you special mailings and/or notices via U.S. mail.
6. You are responsible for notifying First State Bank if your email address changes. You can change your email address through the Address Change area within Online Banking, or by contacting us at any one of our branches, or by calling or writing to us.
7. You must have Adobe Acrobat Reader® installed on your computer to view and print your E-Statement. If you do not have Adobe Acrobat Reader® installed on your computer, you can download a free copy.
8. You can download and save your statement in PDF format to your computer or print a copy for your records. For paper copies of these or other statements, you must contact us. If you request a paper copy of your statement at one of our branches, or by calling, writing or emailing us, you may be charged the then prevailing rate for such copies, which is subject to change from time to time.
9. If you want to resume receiving paper statements by U.S. mail, you can either choose Paper Statement in the Delivery Options section located within E-Statement/Account Access/User Settings and click the "Submit" button or submit a request in writing. You understand that it may take a reasonable period of time (at least one statement cycle) for us to process your cancellation request. You understand that you may incur a fee as applicable to your Eligible Account at the time and we ask that you limit your changes to one time per month or statement cycle. 

Minimum Computer Hardware and Software Requirements 

The minimum computer hardware and software requirements to receive and keep the electronic disclosures and documents are:

• A personal computer or other device that is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
• Latest version of your web browser that is capable of supporting encrypted communications., Javascript should be enabled on your browser. Your access to this page verifies that your browser and encryption software/device meets these requirements.
• You must have software which permits you to receive and access Portable Network Graphics or “PNG” files and Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® version 8.0 and above (available for downloading at http://www.adobe.com/products/acrobat/readstep2.html).
• You acknowledge that your system/device has the necessary software to permit you to receive and access PNG and PDF files.

A. Transactions

In addition to viewing account information, you may conduct the following transactions:

• Transfer funds among your checking accounts, savings accounts and money market accounts that you hold at First State Bank or with other financial institutions. First State Bank reserves the right to require you to pre-fund an account maintained at First State Bank prior to the transfer date. You agree to provide immediately available and collected funds sufficient to pay all transfers initiated by you before each transfer and prior to initiating any transfers.
• Make loan or line of credit payments.
• New services may be introduced from time to time. By using these services when they become available, you agree to be bound by the rules made available to you concerning these services.

B. Hours of Operation

The Digital Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, First State Bank's business days are Monday through Friday, excluding holidays. All transaction requests received after 4:00 p.m. ET on business days and all transactions requested on Saturdays, Sundays or holidays on which First State Bank is closed, will be processed on the next business day.

For questions regarding Digital Service transactions, call us immediately at 305-296-8535 or toll-free 1-866-298-1858, 8:00 a.m. ET to 6:00 p.m. ET, Monday through Friday and Saturday 9:00 a.m. ET to 1:00 p.m. .

C. Unauthorized Transfers

The Provisions of These Sections (Consumer Liability and Error Resolution Notice) Apply Only to Consumer Accounts.

Consumer Liability

Tell us AT ONCE if you believe your Login ID, Password, or other means of accessing your Eligible Account has been lost or stolen or discovered by an unauthorized person, or if you believe that an electronic fund transfer has been made without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Login ID, Password, or other means of accessing your Eligible Account could cause you to lose all the money in your accounts plus any amounts available under your lines of credit.

If you tell us within 2 business days after you learn of the loss, theft or discovery by an unauthorized person of your Login ID, Password, or other means of accessing your Eligible Account, you can lose no more than $50 if someone uses your Login ID, Password, or other means of accessing your Eligible Account without your permission.

If you do NOT tell us within 2 business days after you learn of the loss, theft or discovery by an unauthorized person of your Login ID, Password, or other means of accessing your Eligible Account, and we prove we could have stopped someone from using your Login ID, Password, or other means of accessing your Eligible Account without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or was provided electronically if you consented to receiving the statement that way, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

When you give someone your Login ID, Password, or other means of accessing your accounts, you are authorizing that person to access and use the Digital Services on your behalf, and you are responsible for all transactions that person performs while using the Digital Services. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.

Error Resolution Notice

In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you, or provided electronically to you if you consented to receive that way, the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation and will reverse the provisional credit. More detailed information is available upon request. You may ask for copies of the documents that we used in our investigation.

You should contact us at:

First State Bank

Attn: EFT Department

3406 N. Roosevelt Blvd

Key West, Florida 33040

Business Days: Monday through Friday excluding federal holidays

Phone: (305) 296-8535

Additional Provisions Applicable Only to Business Accounts

By accepting this Agreement, you acknowledge that we have commercially reasonable security measures in place, but that no security measures can be all inclusive or foolproof for preventing unauthorized or fraudulent transactions, theft, or account takeover. You further acknowledge that, where applicable, we have made available best  practices for  security controls which may help prevent unauthorized or fraudulent transactions, theft, or account takeover.

You further acknowledge your responsibility to reconcile your accounts on a daily basis and notify us immediately in the event a discrepancy is identified. Business accounts are not covered under the Electronic Funds Transfer Act/Regulation E or any other consumer law limiting liability with respect to unauthorized use. In addition, the resolution process for business customers differs from that identified above for consumer customers. Business customers are required to notify us within one business day of identifying any unauthorized activity. Notification of unauthorized activity does not guarantee a recovery of any loss incurred. Upon proper notification, we will proceed with the investigation process and advise you of the results of its investigation.

You agree that we may send notices and other communications, including confirmation of your Login ID, Password changes, or other means of accessing your accounts, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that we will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your Login ID, Password, or other means of accessing your accounts secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your Login ID, Password, or other means of accessing your accounts that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new Login ID, Password, or other means of accessing your accounts if you believe your Login ID, Password, or other means of accessing your accounts may have become known to an unauthorized person. We will have no liability to you for any unauthorized payment or transfer made using your Login ID, Password, or other means of accessing your accounts that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Login ID, Password, or other means of accessing your accounts even without receiving such notice from you, if we suspect your Login ID, Password, or other means of accessing your accounts is being used in an unauthorized or fraudulent manner. You are responsible for notifying the Bank of any changes in authorized users.

Our Liability for Failure to Make A Transfer

If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:

1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
4. If your funds are subject to legal process or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission and you fail to notify us immediately.
7. If you have not properly followed the instructions on how to make a transfer And/or Incorrectly schedule a transfer.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed in subparagraph 2 or 8 above should occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

Disclosure of Information to Others

We will disclose information to third parties about your account or the transfers you make:

1. Where it is necessary for completing transfers.
2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
3. In order to comply with government or court orders, or other reporting requirements.
4. If you give us your written permission.
5. To First State Bank’s third party services providers.

Information concerning your account history with First State Bank will be shared within the First State Bank organization. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party, also may be shared among our third party service providers and within the First State Bank organization

Inactivity/Termination

You are responsible for complying with all of the terms and conditions of this Agreement and with the terms of the agreement(s) governing the Eligible Accounts you access using the Digital Services. We can terminate your Digital Services privileges under this Agreement without notice to you if you do not pay the fees required by this Agreement when due or if you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Digital Services for any other reason.

We may convert your access to the Digital Services to inactive status if you do not sign on to the Digital Services or do not have any transaction scheduled through the Digital Services during any consecutive 24 month period. If your account is considered inactive, you must contact us to have the Digital Services activated before you will be able to schedule any transaction through the Digital Services.

To cancel the Digital Services, you must notify us and provide your name, address, and the effective date to stop your access to the Digital Services. Your final charge for the Digital Services, if applicable, will be assessed at the end of your statement cycle. You may notify us by one of the following methods:

1. By sending us a Secure message
2. By sending an e-mail to us at Support@keysbank.com (DO NOT INCLUDE CONFIDENTIAL OR SENSITIVE INFORMATION)
3. By calling us at (305) 296-8535
4. By writing a letter and sending it to the following address:

First State Bank 

3406 N. Roosevelt Blvd

Key West, Florida 33040 

A. Mobile Banking Services

By using the Mobile Banking Services, you agree to the following terms. You agree that we may send you Communications relative to the Digital Services through your communication service provider and that your communication service provider is acting as your agent in this capacity. You agree to provide us with a valid phone number, email address or other delivery location so that we may send you Communications about your Eligible Account or otherwise related to the Mobile Banking Services.

The Mobile Banking Services are provided for your convenience and do not replace your monthly account statement(s), which are the official record of your accounts.  All data transmitted between the application and  back-end systems are transmitted using certificate based Hyper Text Transfer Protocol – Secure (HTTPS) encryption.   No personal data, no user credentials, and no sensitive financial data are stored locally on the user’s mobile device.   In addition, masking is used so that only the last four digits of account numbers are visible.

It is recommended that online banking users set their mobile devices to automatically download newly released versions of the app to ensure up-to-date functionality. 

Delivery and receipt of information, including instructions for payment, transfer and other money movement transactions through the Mobile Banking Services may be delayed or impacted by factor(s) pertaining to your Internet Service Provider, phone carrier, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Banking Services. Additionally, you agree that neither we nor our third party service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider.

B. Mobile Deposit Terms of Use Agreement 

The following terms and conditions apply to the Services for Mobile Deposit that First State Bank (“Bank”) may provide to Depositor. Depositor acknowledges and agrees that the Services or any portion of the Services may be provided by one or more subcontractors. The provisions of Bank’s Terms and Conditions of Your Account (Deposit Agreement) and applicable service terms are incorporated into this Agreement by this reference. In event of conflict among this Agreement and any other agreements between Bank and Depositor, including the Deposit Agreement, the provisions of this Agreement shall control.

1. Overview and definitions. This Agreement states the terms and conditions by which the Bank will deliver to a Depositor the services, as described below:

1. “Authorized User” means Depositor or agent of Depositor.
2. “Banking Day” means any day which Bank is open to conduct substantially all its banking services, but shall not include Saturday, Sunday, or banking holidays.
3. “Capture Device” means any device acceptable to Bank that provides for the capture of images from original Items and for transmission through a clearing process.
4. “Check” means an Original Check as defined in Regulation CC and Check 21 and does not include a Substitute Check or a remotely created check.
5. “Check 21” means the Check Clearing for the 21st Century Act as well as Subpart D of Federal Reserve Board Regulation CC and, to the extent applicable, Subpart A.
6. “IRD” or “Image Replacement Document” means (a) a Substitute Check as defined in Check 21; or (b) the paper reproduction that may be created when reprocessing an Item.
7. “Item” means a Check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on and payable through a U.S. financial institution in U.S. funds to Depositor, in addition to other required information as specified by Bank. It is understood that Depositor will only be transmitting electronic images of the front and back of Items. Items payable to a business or non-personal legal entity must be endorsed with the entity name and deposited into an account that is titled the same. For an Item to be processed for deposit, it must be restrictively endorsed in the proper location on the back of the Item and signed by payee.
8. “Payor” means consumers or businesses that make payments to Depositor by means of Items.
9. “Service(s)” means the specific service(s) provided by Bank, including electronic check conversion and image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose for delivery to Bank for clearing. Services also include any applicable support services.
10. “Service Start Date” means the date that the Services are first available to the Depositor.
11. “Technology” means Bank’s or its subcontractor’s deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to Bank, and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to Depositor service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements, or extensions thereof developed or provided by Bank or its subcontractors and used in the provision of Services hereunder.
12. “Term” shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.

2.  Depositor Obligations; Suspension/Cancellation of Service

1. Hardware and Software Requirements. In order to utilize the Services, Depositor must have the required hardware and software. Supported Capture Devices and software versions can be found on Bank’s website.
2. Depositor Responsibilities. Depositor authorizes Bank to transmit Items as an image or convert Items to IRDs and further authorizes Bank or any other bank to which an item is sent for process. Depositor agrees to, at its sole expense: (a) provide connectivity between the Capture Device and the Technology; (b) maintain the Capture Device in accordance with the instructions provided by Bank, its subcontractors, and/or any other Capture Device provider; (c) if applicable, utilize Depositor’s software, or Bank software to scan, load, and format Items as needed for transmission to Bank prior to the communicated and posted cut-off-time; (d) process return data and any remittance data delivered by Bank for the purpose of updating Depositor internal systems (which may include electronic and paper return Items); (e) implement and maintain security measures, including firewall protection, in compliance with its obligations under this Agreement. Image quality of the Items must comply with requirements as established by Bank or applicable law and regulatory agencies. Depositor agrees to abide by limits as disclosed for the Services.
3. Withdrawal of Access/Suspension of Service. Bank reserves the right to deny, suspend, or revoke access to the Services immediately, in whole or in part, in its sole discretion, without notice, if Bank believes Depositor and/or its Authorized users are in breach of this Agreement or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, Bank or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency or in the event of force majeure as set forth in the Service Agreement.
4. Handling of Transmitted Items. Depositor shall be responsible for retaining each original Item in a safe and secure environment in accordance with applicable laws as in effect from time to time for (60) sixty days after transmittal to Bank at which time Depositor shall shred or otherwise destroy all original Items. Depositor shall properly store the original Items and take appropriate measures to ensure it is not deposited a second time. Depositor will promptly (but in any event within 5 business days) provide any retained original Item to Bank as requested to aid in the clearing and collection process to resolve claims by third parties with respect to any Item or as Bank otherwise deems necessary.
5. Account Statement Examination. All deposits made through the Services shall be deemed to be correct, unless Depositor notifies Bank of any errors to deposits made through the Services within 30 days after the applicable account statement is mailed or otherwise provided to Depositor.
6. Fees and Charges. All fees and charges related to any account you access with Mobile Deposit will remain in effect when using Mobile Deposit. The fees and charges, if any, for the use of Mobile Deposit are found in the applicable Fee Schedule.

3. Payment Processing

1. IRD Processing. Items may be transmitted for electronic processing by other banks or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at Bank’s sole discretion. The IRDs will be created in accordance with Check 21; alternatively, Bank may process Items as photocopies in lieu of originals, under guidelines established between Bank and Depositor and applicable industry standards. Items that fail to satisfy the warranties made to Bank by Depositor, that fail to meet the requirements of Bank or Check 21, or that are otherwise not able to be processed may be charged back to Depositor’s account and/or returned to Depositor. Depositor agrees to be bound by any applicable laws, rules, and regulations to which Bank is a party.
2. Processing of Items. Images of Items transmitted by Depositor are not considered received by Bank until Depositor has received an electronic confirmation of the receipt of the deposit from Bank. However, receipt of the confirmation from Bank does not mean that the transmission was error free or complete. Items transmitted by the Depositor and received by Bank or its subcontractors prior to 5 p.m. ET on a Banking Day, shall be posted to the Depositor’s applicable account on the same Banking Day. Items received by Bank after 5 p.m. ET on any Banking Day shall be posted to the Depositor’s applicable account on the next successive Banking Day. Customer understands and agrees funds from Items deposited under the terms of this Agreement are subject to Bank’s Funds Availability Policy.
3. Depositor Liability. Depositor shall be solely responsible if any Item for which Depositor has been given provisional credit is subject to return or reversal, and neither Bank nor its subcontractors shall be liable or responsible for same. Depositor acknowledges that all credits received for deposit are provisional, subject to verification and final settlement. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for information purposes only and may not be relied upon. Depositor agrees that Bank shall have no liability for the content of payment-related information.

C. Personal Financial Management 

Personal Financial Management (“PFM”) Services are optional services provided by us through our third-party service provider, Fiserv Solutions, LLC (“Fiserv”). PFM involves data aggregation, which allows you to review the eligible accounts you maintain with us and your accounts at other financial institutions through one convenient location.

We will provide these aggregation services of your financial data from your third-party financial institution accounts that are online into a single database. PFM Services are only available for your eligible accounts within the United States.

You may register deposit accounts domiciled at third party financial institutions (“External Accounts”) with us via the PFM Services to perform transfers between your External Accounts and your Deposit Accounts maintained with us. Such registration requires verification of your access and/or ownership of the External Accounts in accordance with our standard risk management procedures.

Additional Terms and Conditions of the CashEdge Services

You agree to the following additional terms and conditions:

1. You agree to follow the standard operating procedures, including without limitation security procedures, with respect to your use of the AllData Aggregation Services.
2. You will not: A) transfer or otherwise sublicense the right to use AllData Aggregation Services; B) attempt to copy or otherwise produce the AllData Aggregation Services; C) attempt to access, decompile, reverse engineer or otherwise derive the source code for the AllData Aggregation Services; D) resell or use the AllData Aggregation Services for the benefit of any other entity other than yourself; or E) alter, remove or fail to include any copyright notice or other proprietary rights notices that appear on any user interfaces related to the AllData Aggregation Services or authorized reproductions thereof.
3. You acknowledge and agree that Fiserv, as a provider of the AllData Aggregation Services on our behalf, shall be entitled to the same liability restrictions and limitations and warranty disclaimer as provided within the Limitation of Liability section of this Agreement, with the following exceptions: In this Agreement, Fiserv shall be excluded from all implied warranties, including without limitation for merchantability and fitness for a particular purpose, from applying to the AllData Aggregation Services. Additionally, for purposes of the AllData Aggregation Services, this Agreement exempts Fiserv from all consequential, special, indirect, incidental, punitive, exemplary and tort damages in connection with the AllData Aggregation Services.

You authorize your wireless carrier to disclose information about your account, such as name, billing address, email, phone number, location information, subscriber status, payment method and device details, if available, to us and our third party providers to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. You further acknowledge and consent that this information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.

You further acknowledge and agree that 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 and your devices to a database of similar device and fraud information in order to provide fraud management and prevention services and identify and block access to the applicable service or Website 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 Websites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device except as otherwise provided for in this Agreement.

D. Bill Payment Services

The Bill Payment Services described in this section of the Agreement permits you to initiate and authorize payments from your Eligible Accounts to payees (“Payees”) that you have selected in advance to receive payments by means of the Bill Payment Services unless otherwise described below. You acknowledge and agree that such services may be provided on our behalf by our third party service provider, Fiserv Solutions, LLC (“Fiserv”) and that you will accept the terms and conditions of the Bill Payment Services upon enrollment in those services.

E. Credit Sense Services

The Credit Sense Services provides you with access to A) an overview of your credit score and a credit report card, B) your credit report, C) credit report monitoring, and D) additional tips and features that may enhance your understanding of your credit (“Credit Sense Score Services”). You must be enrolled in the Digital Services in order to use the Credit Sense Score Services. You acknowledge and agree that through your enrollment in and use of the Credit Sense Score Services you will be required to register for Credit Sense services. Your enrollment in Credit Sense services is covered by the terms of a separate agreement (Credit Sense Terms of Service) which covers your use of Credit Sense through your enrollment via the Digital Services. By enrolling in Credit Sense services you acknowledge and consent for Credit Sense to conduct standard credit screening, which will generally be a review of your credit history (soft inquiry) that does not affect your credit rating. You further acknowledge and consent to First State Bank’s use of this data to market tailored products to you.

Additional Terms and Conditions of the Credit Sense Services (Terms of Service)

You acknowledge that the Credit Sense Services may utilize Single Sign On (“SSO”) functionality whereby you, after having initially registered for the Credit Sense Services via our Digital Services Website, will thereafter have access to some (but not all) of the Credit Sense Services without having to separately sign-on through your login credentials at the Credit Sense Website. To the extent that SSO functionality is utilized, you authorize us to provide our third party service providers with your User Data in order to effectuate SSO functionality.

You understand and warrant that all use of the Credit Sense Score Services will occur via our Digital Services Website and that your use of the Credit Sense Score Services does not amend, change or replace any other terms or conditions described elsewhere in this Agreement and that you agree to abide by all rules and procedures, including but not limited to system security, identity verification and authentication, and other terms of use as otherwise agreed to in this Agreement.

F. SecureNow Services

The SecureNow Services are used by us and our third party service providers for the purpose of verifying your identify when accessing the Digital Services. You must be enrolled in the Digital Services to receive the SecureNow Services and you may not opt out of the SecureNow Services when utilizing the Digital Services. You understand that we may collect and use your User Data in order to fulfill the SecureNow Services and that we will not use, in whole or in part, the SecureNow Services as a basis for determining your eligibility for credit, insurance or employment or to take “adverse action” as defined in the federal Fair Credit Reporting Act or similar laws. We will not copy or retain any of your answers to the authentication questions or use such information for purposes other than identity verification or User authentication, except as provided by law, or as otherwise necessary to provide you with access to the Digital Services. You consent to our disclosure of your User Data to our third party service providers in connection with the SecureNow Services and subject to the terms and conditions of this Agreement.

You acknowledge that, as part of the SecureNow Services, we will use “Out-of-Band” and “Out-of-Wallet” authentication services, which provide telephone or SMS mobile phone text message communications and/or by presenting certain multiple choice knowledge-based questions based on your public data history to assist us in verifying your identity and authenticating you as a user of the Digital Services.

SMS Services

SMS mobile phone text message communications may be provided as part of the SecureNow Services. You warrant that you, your representatives or agents will not use the SMS Services to transmit or disseminate any messages that violate the terms of this Agreement or for any illegal, fraudulent or unauthorized purpose.

Third Party Factors

You acknowledge that access to the SecureNow Services may be across public and private lines and that we or our third party service providers have no control over such lines or the information available from external sources in providing the SecureNow Services. You further acknowledge that the SecureNow Services involve the use of non-confidential Internet, telephone and wireless telecommunication networks to potentially transmit and/or receive information from you. You acknowledge and agree that 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 and your devices to a database of similar device and fraud information in order to provide fraud management and prevention services and identify and block access to the applicable service or Website 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 Websites not provided by us.

G. Zelle® and CheckFree® RXP®:

The Zelle® Network (“Zelle”) provides a convenient way to transfer money between you and others who are enrolled with Zelle, either directly or through another financial institution that partners with Zelle. Your enrollment in Zelle is covered by the terms of a separate agreement (Zelle Terms of Use) which covers your use of Zelle through your enrollment via the Digital Services. The Zelle Terms of Use are included by reference in this Digital Services Agreement. The Zelle Network Services only available for your eligible accounts held within the United States. Payments made via the Debit Card Networks are only available in the 50 states of the U.S. and the District of Columbia

A. Risk of Loss

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through another means to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

B. No Warranty

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE DIGITAL SERVICES IS AT YOUR SOLE RISK AND THAT THE DIGITAL SERVICES AND ALL INFORMATION, MATERIALS, PRODUCTS AND OTHER CONTENT (INCLUDING TEXT, GRAPHICS, LINKS, THIRD PARTY INFORMATION, PRODUCTS, CONTENT OR OTHER ITEMS) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "AS AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPELTENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR INFORMATION IN THIS INFORMATION AND MATERIALS. WE MAKE NO WARRANTY THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE AND NON-INFRINGEMENT OF PROPRIETARY AND THIRD PARTY RIGHTS) AS TO THE DIGITAL SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, MATERIAS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.

C. Limitation of Liability

EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSSES OR EXPENSES, ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN COMMECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR EXPENSES FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF,  ACCESS TO OR USE OF THE DIGITAL SERVICES, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

D. Indemnity

You acknowledge and agree that you are personally responsible for your conduct while using the Digital Services and agree to indemnify, defend and hold us and our officers, directors, employees and agents harmless from and against any and all claims, losses, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Digital Services or the use of the Digital Services by anyone using your debit or credit card number, account number, PIN, Login ID or Password, including your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance, or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.