ACORNS SPENDING ACCOUNT MOBILE REMOTE DEPOSIT SERVICE TERMS
If you want to use the mobile remote deposit service (“Mobile Deposit”) to make a deposit into your Acorns Spending Account, then click the button to indicate “I Agree” with these terms and conditions for Mobile Deposit. Terms used but not defined herein are given the meaning ascribed to them in the Program Agreement.
1. Mobile Deposit Description
Mobile Deposit is designed to allow you to make deposits to your Acorns Spending Account from your mobile device by electronically transmitting a digital image (picture) of your paper checks to Acorns Pay and Lincoln Savings Bank. There is no charge for Mobile Deposit. For security reasons, these services are available only if you have had an Acorns Spending Account open and have had an Acorns Spend Debit Card active for thirty (30) days or more.
1.1 Availability of Funds
Checks transmitted using Mobile Deposit are subject to the funds availability requirements established by Lincoln Savings Bank for Acorns Spending Accounts held at Lincoln Savings Bank.
1.2 Deposit Limits
Acorns Pay and/or Lincoln Savings Bank reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using Mobile Deposit and to modify such limits from time to time.
1.3 Business Day Availability
Mobile Deposit is available Monday through Friday between 8:30 a.m. and 4:00 p.m., prevailing Central Time (CT). Transmissions processed during holidays, any other day Lincoln Savings Bank is not open for business, or such other hours as established by Acorns Pay and/or Lincoln Savings Bank from time to time are treated as occurring on the next Business Day.
2. Check Requirements
2.1 Eligible Checks
You may only scan and deposit “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Acorns Pay and Lincoln Savings Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted by the State of Iowa.
2.2 Unacceptable Items for Deposit
You understand and agree that you will not use Mobile Deposit to deposit the following items:
• Any third-party check (any item that is made payable to another party and then endorsed to you by such party).
• Any item drawn or otherwise issued by you or any other person on any of your Acorns Spending Accounts or any account on which you are an authorized signer or joint account holder.
• Any item that contains evidence of alteration to the information on the check.
• Any check or item previously converted to a substitute check, as defined in Reg CC.
• Any items drawn on a financial institution located outside the United States.
• Any item not payable in United States currency.
• Any item dated more than six (6) months prior to the date of deposit.
• Any item that has been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or returned for any other reason.
• Any “remotely created check”, as defined in Reg CC.
• Any item prohibited by Acorns Pay’s and/or Lincoln Savings Bank’s current procedures relating to Mobile Deposit or which are otherwise not acceptable under the terms of your Acorns Spending Account.
2.3 Image Quality
The image of an item transmitted using Mobile Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house association. Acorns Pay and Lincoln Savings Bank reserve the right, under their sole and absolute discretion, to reject any check image that is not clear, skewed, or that is suspicious in any manner.
2.4 Endorsements and Procedures
You must sign and restrictively endorse any item transmitted through Mobile Deposit by either: (i) checking a box that indicates “For Mobile Deposit” (if present on in the endorsement section of the item); or (ii) writing “For Mobile Deposit Only — Acorns” in the endorsement section of the item. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as Acorns Pay and Lincoln Saving Bank may establish from time to time.
3. Warranties and Indemnification
You warrant to Acorns Pay and Lincoln Savings Bank that:
• You will only transmit eligible items.
• Images will meet the image quality standards.
• You will not transmit duplicate items.
• You will not deposit or re-present the original item.
• All information you provide to us is accurate and true.
• You will comply with these Mobile Deposit terms and all applicable rules, laws and regulations.
• You shall use Mobile Deposit only for your own personal use in accordance with these terms and conditions.
• You shall not make Mobile Deposit available or transfer your rights to use Mobile Deposit for the benefit of any third party.
You shall indemnify, defend, and hold Acorns Pay, Lincoln Savings Bank, and their respective agents harmless from and against all liability, damage and loss arising from any claims, suits, expenses (including reasonable attorney’s fees) or demands, brought by third parties with respect to any transaction processed through Mobile Deposit as described above.
In addition to the other indemnification provisions set forth in these terms and conditions, you agree to indemnify, defend and hold Acorns Pay and Lincoln Savings Bank harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys’ fees) or other loss that arises from or relates to your use of Mobile Deposit, any act or omission by us that is in accordance with these terms and conditions or in accordance with instructions from you, or your breach of the representations, warranties or covenants set forth in these terms and conditions, including without limitation your attempt to duplicate the presentation of a check image via presentation of the original check or an image or substitute check derived from the original check and any liability that we may incur for processing an image or substitute check rather than the original paper check.
4. Receipt of Items
Acorns Pay and Lincoln Savings Bank each reserve the right to reject any item transmitted through Mobile Deposit, at their discretion, without liability to you. Neither Acorns Pay nor Lincoln Savings Bank are responsible for items that are not received or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Acorns Pay that it have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
5. Items Returned Unpaid
A notice will be sent to you of transactions Acorns Pay or Lincoln Savings Bank is unable to process because of returned items. With respect to any item that is transmitted to you for remote deposit that is credited to your Acorns Spending Account, in the event such item is dishonored, you authorize Acorns Pay and Lincoln Savings Bank to debit the amount of such item from your Acorns Spending Account, including any applicable fees. Check images that are returned for image quality adjustments may not be re-submitted for Mobile Deposit.
6. Email Address
You agree to notify Acorns Pay immediately if you change your email address, as this is the email address where Acorns Pay and/or Lincoln Savings Bank will send notifications of receipt of remote deposit items.
7. Disposal of Transmitted Items
Upon your receipt of a confirmation from Acorns Pay or Lincoln Savings Bank that it has received the image of any item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. You further agree never to re-present the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Acorns Pay or Lincoln Savings Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for audit purposes.