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Online Agreement

Electronic consent for Online Banking Terms and Disclosures

Revised 09/23/2025
Starion Bank
Online and Mobile Banking Terms and Disclosures
Updated SEPTEMBER 23rd, 2025

This Starion Online and Mobile Banking Terms and Disclosures (the “Agreement”) contains the terms and conditions governing the use of online and mobile banking services maintained by Starion Bank and accessible through starionbank.com or the Starion Bank mobile app, using a personal computer or mobile device, including a smartphone, tablet, or any other eligible handheld or wearable communication device (the “Service(s)”).  

In this Agreement, the words “us,” “we,” “our,” “Bank,” and “Starion” refer to Starion Bank and its successors or assigns. The words “you,” “your,” or “Customer” refer to each owner of an eligible account, a person applying for an eligible account, or authorized representative appointed or entitled to access the Services on another person’s behalf.  

This Agreement applies solely to Services provided in connection with accounts established primarily for personal, family, or household purposes.  This Agreement does not apply to Services provided in connection with accounts established for business or commercial purposes.

You acknowledge and agree that you should carefully review this Agreement in its entirety and retain a copy for your records prior to accessing or using the Services.

In consideration of the mutual covenants and promises set forth herein, and for other good and other valuable consideration, including your use of the Services provided by Starion, the receipt and sufficiency of which are hereby acknowledged, you and Starion agree as follows:

A.           GENERAL TERMS
 
  1. Enrollment. To access or use the Services, you must complete certain enrollment forms and other enrollment documents ("Enrollment Forms"). When you use the Services or permit any other person to use the Services, you agree to the terms and conditions in this Agreement and any instructional material Starion Bank provides to you regarding the Services.  
 
  1. Relation to Other Agreements.  Your use of the Services is governed by this Agreement as well as the terms and conditions of the Deposit Account Agreement applicable to any deposit account you access through the Services (the “Deposit Account Agreement”). The Deposit Account Agreement, including all amendments, disclosures (including, but not limited to, the “Electronic Fund Transfers Your Rights and Responsibilities” disclosures) and fee schedules, is incorporated herein by reference and shall continue to govern your deposit account(s). In the event of any conflict between this Agreement and the Deposit Account Agreement, the terms of the Deposit Account Agreement shall control with respect to your deposit account(s), and this Agreement shall control with respect to the Services.
 
  1. Additional Terms. Depending on the Services in which you enroll, you may be required to execute one or more separate agreements with Starion Bank and/or unaffiliated third-parties governing specific functions (each, a “Specific Service Agreement”), including, without limitation, agreements relating to Starion’s CheckFreeSM bill pay service, Digital Transfer account-to-account transfer service, ZelleSM payment service, and other designated services. In addition, Customers who use the Services for business accounts must execute Starion’s Online Cash Management Master Services Agreement.  In the event of a conflict between the terms of this Agreement and any Specific Service Agreement, the terms of the applicable Specific Service Agreement shall control with respect to the corresponding service. You further acknowledge and agree that you remain subject to the terms and conditions of any agreement(s) you may have with unaffiliated third-party service providers, including, without limitation, your Internet service provider, mobile service provider, and any third-party provider or marketplace through which the Services are made available.  This Agreement does not amend or supersede any such third-party service provider agreements. Such third-party services may impose fees, charges, limitations or restrictions (e.g. data usage charges, text messaging charges, or other service fees) and you are solely responsible for all such costs. You agree to resolve any issues with such third-parties directly, without involving Starion Bank. You must also comply with all applicable third-party terms in connection with your use of the Services.  
 
  1. Accounts.  The following types of accounts are accessible through the Services, although not all functions are available for every account:
  • Checking
  • Savings
  • Certificate of Deposit (CD)
  • Installment Loan
  • Mortgage Loan
  • Line of Credit
 
  1. Online and Mobile Banking Services. The Services may include the ability to: 
  • transfer funds between internal Starion Bank accounts, including checking and savings accounts, and transfers from a line of credit account to a checking account;
  • make payments from Starion Bank accounts to eligible internal and external accounts;
  • view account balance information about eligible accounts;
  • initiate certain stop payment orders;
  • view deposit history information about eligible accounts;
  • view transaction history about eligible accounts;
  • make account-to-account transfers to and from external bank accounts using the Digital Transfer service (requires a separate Specific Service Agreement);
  • make payments from designated checking account(s) to third parties through the Starion Bank CheckFreeSM bill payment service;
  • make payments using the ZelleSM payment service; and
  • deposit checks electronically.

Starion reserves the right, in its sole discretion, to add, remove, or modify any component, scope, feature, or type of activities offered through the Services at any time. You acknowledge that the Services, including any features of the Services, may be unavailable from time to time due to scheduled maintenance or circumstances beyond Starion’s reasonable control.
 
  1. Username and Password.  You and each authorized user who has access to the Services, including each individual named on joint accounts, must designate a username and password. The User ID cannot contain any of the following: First Name, Last Name, Date of Birth, or SSN. Password must be between 12 and 32 characters long and must contain at least one letter, one number and a special character from the following list: (~!@#$%^&*()[]{}<>_+-=/|\.,:;`'"?) and space, subject to any updates or changes by Starion to such requirements. To enhance security and for your protection, Starion recommends that you change your password at least every ninety (90) days. Starion may accept as authentic any instructions given to Starion through the use of your password. You agree that if you give the password to another individual, you are authorizing that individual to act on your behalf and Starion may accept any instructions that the individual gives Starion to make transfers, payments, or otherwise use the Services. Starion shall be liable for security breaches only to the extent required by applicable law and regulation. Starion does not assume any other liability or otherwise guarantee the security of information in transit to or from Starion’s facilities. Starion reserves the right to monitor and/or record all communications and activity related to the Services. You agree that Starion’s records will be final and conclusive as to all questions concerning whether or not your password was used in connection with a particular transaction. If any unauthorized use of the password occurs, you agree to (i) cooperate with Starion and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (ii) provide reasonable assistance requested by Starion in recovering any unauthorized transfer of funds. YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER YOUR LOGIN ID AND PASSWORD PROVIDED BY BANK AND SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES.
 
  1. Authentication. Starion can identify you by checking the computer(s) that you use to access the website. Starion’s website will remember PCs that you designate as “Authorized” and will use 2 Factor Authentication if you are not using an “Authorized” PC to access the website. This will help prevent potential fraudsters from logging into your account even if they acquire or guess your Username and password.
 
  1. Equipment. You are solely responsible for the equipment (including your PC, mobile device and software) used to access the Services. Starion is not responsible for errors or delays or your inability to access the Services caused by your equipment. Starion is not responsible for the cost of upgrading your equipment to stay current with the Services, nor is Starion responsible, under any circumstances, for any damage to your equipment or the data resident thereon. You must comply with all applicable hardware, software, and other requirements to access or use the Services, as well as all security procedures, as set forth in this Agreement and in any related documentation or any supplemental information and/or instructions provided by Starion.
 
  1. Security Procedures and Communications. The Services utilize a comprehensive security strategy to protect your accounts and transactions conducted over the internet. You agree to use all security procedures required by Starion and further agree that such security procedures are commercially reasonable. Starion shall not be obligated to act on a communication not transmitted in accordance with any required security procedures and may refuse to act on any communication where Starion reasonably doubts its authorization, contents, origination or compliance with the security procedures. Starion shall have no duty to discover, and shall not be liable for, errors or omissions by you. Starion reserves the right to issue new security procedures and/or to cancel or change any security procedures from time to time and you agree to abide by the new procedures. You acknowledge that the purpose of Starion’s security procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. Starion does not agree to any security procedures or other procedure for the detection of errors.  You represent that for Mobile Deposit Capture services (as defined below), you consider the security procedures to be commercially reasonable with respect to the size, type, and frequency of deposits you anticipate submitting. When the security procedures include the assignment of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, AAI, or similar security device to you, you shall not disclose such security device except to employees or agents authorized to act for you in connection with the Services. You will implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices and shall immediately notify Starion if the confidentiality or integrity of any such security device is breached or threatened. You shall be solely responsible for the safekeeping of such security devices and assume all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is the result of negligence, deliberate acts, or otherwise. Starion shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices. Starion recommends and encourages the practice of password protecting and/or locking all devices.
 
  1. Disclaimer of Warranties. While Starion hopes that the Services are useful and reliable, you understand that Starion and its third-party service providers cannot and do not make any representation or warranty: (i) that you will have continuous or uninterrupted access to the Services or any of its information, content or functions; (ii) that the Services will operate on a continuous or uninterrupted basis; or (iii) that any information, content or functions will be error-free. STARION MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.

SUBJECT TO THE TERMS OF THIS AGREEMENT AND UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD-PARTY PROVIDER IN TRANSFERRING FUNDS, OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE TO CORRECT THE ERROR AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES.

Except as otherwise prohibited by laW, In no event shall STARION, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE THIRD-PARTY PROVIDERS, PARTNERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS have any liability for any indirect, DIRECT, incidental, consequential, EXEMPLARY (including lost profits), special or punitive LOSSES OR damages (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES), whether arising in contract, tort (including negligence), PRODUCT LIABILITY OR OTHERWISE.

Under no circumstances shall Starion be responsible for any liability, loss or damage resulting from any delay in performance of or failure to perform in connection with the Services which is caused by interruption of telephone, telefacsimile or communication facilities, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, accidents, fire, flood, explosion, theft, natural disaster or other catastrophe, acts or failure to act by you or any third party, strikes or lockouts, emergency conditions, riots, war, acts of government or other circumstances which are unavoidable or beyond Starion’s control.

Starion shall not be liable for failure to perform any of its obligations in connection with the Services if such performance would result in it being in breach of any law, regulation or requirement of any governmental authority.

Indemnification. TO THE EXTENT PERMITTED BY APPLICABLE LAW, you agree to indemnify, defend, and hold Starion, its affiliates, and their respective officers, directors, employees, consultants, agents, distributors, partners, licensors and third-party providers service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from  (a) a third-party claim, action or allegation of infringement based on your use of the Services, or information, data, files or other content you submitted or uploaded; (b) any fraud, manipulation, or other violation of Law by you; (c) a breach of these Terms by you; (d) your acts or omissions; or (e) any third-party claim, action or allegation brought against Starion arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any Services.   YOUR OBLIGATION TO INDEMNIFY US SHALL SURViVE TERMINATION OF THIS AGREEMENT. For the avoidance of doubt, if you are a business entity, your obligations hereunder shall extend to indemnification based on the acts and omissions of your employees, consultants and agents.
 
  1. Business Days. Starion’s business days are Monday through Friday, except federal holidays.
 
  1. Internal Transfers; Cut-Off Times. You may schedule transfers to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in any other applicable agreement between you and Starion. Although you can enter transfer information through the Services 24 hours a day, 7 days a week, transfers can be initiated only on business days. Funds will be processed on the designated accounts on the business day on which a transfer is to be initiated. Transfers must be scheduled by the normal cut-off time of 5:30 p.m.  (Central Standard Time) on any business day in order for the transfer to be initiated for that business day. If you direct the initiation of a transfer to occur on a day other than a business day, the transfer will be initiated on the previous business day.
 
  1. Confidentiality.  You understand that, in connection with the Services, Starion Bank may access, use, disclose, store and otherwise process your name and information about your account(s), such as the last four digits of your account number or specific account transaction information (“Personal Data”). YOU HEREBY GRANT EXPRESS CONSENT TO BANK FOR THE ACCESS, USE, DISCLOSURE, STORAGE AND PROCESSING OF YOUR PERSONAL DATA IN CONNECTION WITH THE SERVICES. You further acknowledge that Starion may have certain legal, recordkeeping, or reporting requirements with respect to the Services.  You acknowledge and consent to Starion’s disclosure of information concerning you and the Services provided to you where Starion believes such disclosure is appropriate or necessary to fulfill such requirements, including, but not limited to: (i) where disclosure is necessary for completing transfers; (ii) to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (iii) to comply with government agency or court orders; (iv) as explained in the Privacy Disclosure; or (v) if you give us your written permission.
 
  1. Alerts. Your enrollment in the Service includes the ability to elect to receive transaction alerts and notifications about your Starion Bank account(s) (“Alerts”). Alerts can be managed through the Service. Starion Bank reserves the right to terminate its Alerts service at any time, without prior notice to you, unless required by applicable law.
 
  1. 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 Starion Bank online banking message inbox. You agree to receive Alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’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.
 
  1. Alerts via Text Message. To stop Alerts via text message, text “STOP” to 72080 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, visit the Alerts tab on the Starion Bank online banking website. For help with SMS text alerts, text “HELP” to 72080. In case of questions please contact customer service at 888-258-6050. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
 
  1. Limitations.  You agree to indemnify, defend and hold Starion Bank harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, email address, or other endpoint that is not your own or your violation of applicable federal, state or local law, regulation or ordinance.  Your obligation under this paragraph shall survive termination of the Agreement.   Starion Bank provides Alerts as a convenience to you for informational 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 Alert may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Starion Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Starion 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 (i) a non-delivery, delayed delivery, mishandling or the misdirected delivery of an Alert; (ii) inaccurate or incomplete content in an Alert; or (iii) your reliance on or use of the information provided in an Alert for any purpose.
 
  1. 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. We will not be liable for losses or damages arising from any disclosure of account information to third parties.
 
  1. Waivers. No waiver of your obligations under this Agreement shall be deemed to take place unless the waiver is in writing and signed by Starion.
 
  1. Fiduciary Status. Nothing contained herein shall be deemed to create fiduciary status on the part of Starion in connection with the provision of the Services.
 
  1. Governing Law. Except to the extent superseded by Federal law, the provision of Services shall be governed by the laws of the state of North Dakota. You agree that the Burleigh County District Court in Bismarck, North Dakota, shall have jurisdiction to hear any dispute arising out of the Services and submits them to the jurisdiction of such courts.
 
  1. Waiver of Jury Trial. YOU AND STARION WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES USED BY YOU.
 
  1. Severability. If any provision of this Agreement shall be prohibited by or invalid under applicable law, rule or regulation, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or any remaining provisions of this Agreement.
 
  1. Benefit. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and permitted assigns of the parties.
 
  1. Amendments. Starion may change terms or conditions of this Agreement at any time. You will be requested to accept a new Agreement if any changes have been made. Starion is not required to provide you with any prior notice when an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of Starion’s system or an account. Any notices required to be provided to you under applicable law will be mailed or delivered to you at the most recent address you have provided to us or to an e-mail address which you have authorized to receive electronic notices and/or disclosures from us.
 
  1. Termination. If you want to terminate your access to the Services, contact a local branch office during business hours. RECURRING TRANSFERS WILL NOT BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WISH TO DISCONTINUE ANY RECURRING TRANSFERS BETWEEN ACCOUNTS, YOU MUST EITHER NOTIFY STARION OR DELETE THOSE TRANSFERS WITHIN THE SERVICES PRIOR TO CANCELLATION.  

Starion reserves the right to terminate your access to or use of the Services, in whole or in part, at any time with or without cause and without prior written notice, unless required by applicable law. In that event, or in the event that you give Starion a termination notice, Starion may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. Starion also reserves the right to temporarily suspend the Services in situations deemed appropriate by Starion, in its sole and absolute discretion, including when Starion believes a breach of system security has occurred or is being attempted. Starion may consider repeated incorrect attempts to enter your Password as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.

B.           ADDITIONAL TERMS GOVERNING MOBILE BANKING
 
    1. General.  By participating in the Services via  Starion Bank’s downloadable mobile application or other mobile device interface (“Mobile Banking”), you agree to the additional terms governing Mobile Banking as set forth herein.  Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of Starion or any service provider.  You agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending text messages, or other use of your mobile device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking you will contact us directly. In addition to other limitations on Starion’s liability contained elsewhere in this Agreement, you understand, acknowledge and agree that Starion is not responsible for any loss or damages resulting from any errors or failures of your mobile device or data processing systems, including, but not limited to any mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any mobile device network problems that may be associated with your access and use of our Services.
 
    1. Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking and any Software, Starion and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). Starion and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Starion, its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the software you may obtain in connection therewith for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. 
 
    1. Use of Services. Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using it, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to use your mobile device and the Software. From time to time, we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Software. We will not be liable to you for any losses caused by your failure to use the Software or your mobile device properly. MOBILE BANKING IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT MOBILE BANKING WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF MOBILE BANKING, EXCEPT WHEN WE ARE REQUIRED TO DO SO BY LAW. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO MOBILE BANKING, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW
 
    1. Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. 

Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Starion (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Starion or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Starion, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. 

You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at Legal Notices for Google Maps/Google Earth and Google Maps/Google Earth APIs – Google, or other URLs as may be updated by Google.
 
    1. Service Availability. We cannot always foresee or anticipate technical or other difficulties related to Mobile Banking or the Software. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions and we do not assume any responsibility to you for such losses or interruptions. Information about activity is synchronized between the Software and our Website. Transfer and payment information available via the Software may differ from the information that is available directly through our Website. Information available directly through our 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 our Website. We are not responsible for such differences, whether or not attributable to your use of the Software. Additionally, you agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon, except as prohibited by law.
 
    1. Biometric ID.  Biometric ID is an optional sign-in method for Starion Bank Digital that uses fingerprint or facial recognition technology. It is available on most Apple® and Android™ devices equipped with Touch ID or Face ID (Apple) or fingerprint/face unlock (Android).  To use Biometric ID:
 
  • On Apple devices, save your fingerprint or face data by going to Settings > Face ID & Passcode or Settings > Touch ID & Passcode.
 
  • On Android devices, go to your device’s Security settings to set up fingerprint or face recognition.

Biometric data is stored only on your device—Starion Bank never sees or stores your fingerprint or facial information.  By enabling Biometric ID, you acknowledge that anyone with biometric access stored on your device may be able to access your personal and payment account information within Starion Bank Digital.  Starion Bank reserves the right to suspend or disable this feature at any time. Biometric ID can only be associated with one Starion Bank Digital username per device. If your device does not recognize your biometric input, you can sign in using your password.  To use Biometric ID on multiple devices, you must set it up individually on each device. You can enable or disable Biometric ID anytime from the Services menu within Starion Bank Digital.  Apple, Face ID, and Touch ID are trademarks of Apple Inc. Android is a trademark of Google LLC. Biometric sign-in is currently available only on compatible iOS and Android devices.
 
    1. Mobile Deposit Capture: the following terms apply to Customer’s use of Mobile Deposit Capture services in connection with consumer accounts used for personal, family or household purposes through Mobile Banking.
 
  1. General. Mobile Deposit Capture (“MDC”) enables consumer accountholders to use Starion’s mobile banking app and a mobile device such as a smartphone to create electronic images of the front and back of a check and transmit those images and any other information to Starion for review and processing[CF1] .
  2. Deposit Cut-off Time/Limits/Endorsements: You will see mobile banking deposits in your account after 4:00 p.m. Central Time. Any image received by Starion after 4:00 p.m. Central Time will be processed as if received on the following business day. The maximum you may deposit on any one item is $25,000 The combined total of mobile deposits may not exceed $25,000 per business day per user. Starion may change deposit limits on any account, at any time, without notice and at its sole discretion. You may request a change to these limits; however, approval is at the sole discretion of Starion. Any item transmitted through MDC should be restrictively endorsed For Mobile Deposit and Signature of Payee. Any other endorsement shall be grounds for Starion to reject the electronically submitted item. Starion may choose to refuse or return any mobile deposit at any time. Starion is not liable for doing so, even if it causes checks to be returned or an overdrawn situation to occur. Any image of an item shall be deemed received when you receive confirmation of “Pending Deposit” status in Starion’s Mobile Banking App. Starion is not responsible for any image that we do not receive.
 
  1. Your Responsibilities: You are solely responsible for the proper storage, retrieval and/or destruction of the original item. Paper items should be retained for a commercially reasonable time to ensure the image was transmitted and negotiated properly. If requested, you must provide Starion with the original item within five (5) business days of the request. Paper items should then be destroyed using cross-cut shredding or other commercially acceptable methods to avoid accidental redeposit and to protect confidential information. You may only submit an item once for deposit at Starion or any other financial institution or business that accepts such checks for cashing or deposit. Any attempt to negotiate or transfer the original paper item or any image of the item after it has been electronically submitted to Starion is strictly prohibited. Such action shall be grounds to terminate your use of MDC. You are solely responsible to take reasonable precautions and use reasonable security measures to protect your mobile device(s), your bank username(s) and password(s), any AAI, your operating system(s), your image transmissions and your storage and destruction of the original items. Starion assumes no responsibility for any errors, failures, or malfunctions of your mobile device, or for any virus or related problems that may occur in connection with your use of MDC. Starion assumes no obligation to offer support services for, or upgrades to MDC. Starion assumes no responsibility for the unavailability of MDC or any damages that may result from its unavailability. Starion assumes no responsibility for any technical or other difficulties or any resulting damages that may be incurred. You agree to be responsible for any transmission or transaction we receive through MDC, even if you do not authorize it, provided it includes your password or is otherwise processed by us in accordance with our security procedures. You may not submit files containing malicious code.
 
  1. Security Procedures: Starion may elect to verify the authenticity or content of any transmission by placing a call to any owner or authorized user of your account. Starion may deny access to MDC without prior notice if we are unable to confirm, to our satisfaction, any person’s authority to access Mobile Banking or if we believe such action is necessary for security reasons. 
 
  1. Eligible Items: Items must be made payable to the accountholder only, payable in US Dollars on a financial institution located in the United States, properly endorsed with For Mobile Deposit and Signature of Payee, dated as of the date of the electronic submission or no more than 6 months prior to the date of electronic submission. Prohibited items include (but are not limited to): duplicate deposit images; any item drawn on your account; item previously returned; item stamped with a “non-negotiable” watermark; contains evidence of alteration to the information on the check; item issued by, payable by, or payable through a financial institution in a foreign country; any item that is incomplete, “stale dated” or “post-dated”; Savings Bonds; Traveler’s checks; Credit Card checks; check issued by a “Pay-Day Lender” or any other person or entity, in which your endorsement constitutes a loan contract; money order; item previously submitted for deposit whether electronically, remotely or in person; temporary checks not drawn on Starion; item payable to others (even if endorsed over to you); item payable to more than one person and all are not an account owner; item drawn by an OFAC-restricted person, country or entity; item that does not bear the ORIGINAL signature of the person on whose account the check is drawn. The fact that Starion accepts any of the items described above does not obligate us to continue that practice, and we may stop doing so without cause or prior notice.
 
  1. Returned Items: If an original item deposited through MDC is subsequently dishonored, rejected or otherwise returned unpaid by the payee bank, or is rejected or returned by a clearing agent or collecting bank, for any reason, including but not limited to, issues relating to the quality of the image, Starion may charge back the amount of the original item to your account and provide you with an image of the original item, a paper reproduction of the original item, or a substitute check. The accountholder shall use the substitution check to redeposit and should not negotiate an original check if it has been charged back to the account. Starion may debit any account(s) that belong to the accountholder to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
 
  1. Termination of MDC: Starion reserves the right to terminate use of MDC at any time without notice and at its sole discretion if you use MDC for any unauthorized or illegal purposes or use MDC in a manner inconsistent with the terms of this Agreement, your Deposit Account Agreement, or any other agreement with Starion. Any termination will not affect obligations arising prior to termination, such as the obligation to process check images transmitted to us prior to the termination date or your obligation to indemnify Starion.
 
    1. Card Controls Terms of Use. The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking App, notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.
 
  1. The Card Controls feature is only available for debit cards issued by Starion Bank that you register within the Mobile Banking App.
 
  1. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Starion Bank to discontinue the alerts and controls.
 
  1. Certain Card Controls functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
 
  1. Card Controls may enable access to Starion Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
 
  1. To the extent this Mobile Banking App allows you to access third party services, Starion Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
 
  1. THE MOBILE BANKING APP, THE CARD CONTROLS SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND FACTORS OUTSIDE OF OUR CONTROL MAY INTERFERE WITH OPERATION OF THE MOBILE BANKING APP OR THE CARD CONTROL SERVICES.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
 
  1. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE CARD CONTROL SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE CARD CONTROL SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE CARD CONTROL SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE CARD CONTROL SERVICES OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE CARD CONTROL SERVICES OR THE WEBSITE THROUGH WHICH THE MOBILE BANKING APP OR THE CARD CONTROL SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN 2 YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS SUPPLEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
  1. Unless our account agreement with you states otherwise, this Supplement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of law provisions. To the extent that the terms of this Supplement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.