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The following are the Terms of Use for the KeyBank mobile banking service ("KeyBank Mobile"), including the software application compatible for use on the (i) iPhone(R) mobile device, iPod(R) mobile device, or any other devices operating on the Apple mobile operating system (iOS), and/or (ii) a mobile device operating on the Android(TM) operating system. These Terms of Use shall apply to any person (referred to herein as "you" or "your") who accesses or uses any feature of KeyBank Mobile.

These Terms of Use supplement and modify your deposit account agreements with KeyBank including our Deposit Account Agreement and Funds Availability Policy, and Online Banking Service Agreement and Disclosures (collectively, the "Deposit Agreements") and incorporates by reference Rules and Regulations for KeyBank World Wide Website (the "User Agreement"). If there is any conflict between any term of any Deposit Agreement or the User Agreement posted on KeyBank’s website, www.key.com (the "Website") and these Terms of Use, these Terms of Use shall control. Certain defined terms used herein are defined in other agreements referenced herein. You may have additional rights and duties under our EFT Disclosure Statement, delivered to you when you opened your deposit account at KeyBank.

I. License

A. General.

(1) KeyBank Mobile is available to every customer of KeyBank National Association ("KeyBank") with an eligible deposit account currently enrolled in KeyBank’s Online Banking Service ("Online Banking"), a compatible wireless web-enabled cell phone or other type of mobile device ("Eligible Mobile Device") and a User ID and password that provides access to your accounts via Online Banking and Mobile Banking. The list of Eligible Mobile Devices is available on the Website, and is subject to change without notice. By identifying a cell phone, smartphone, or other device as an Eligible Mobile Device for use with KeyBank Mobile, KeyBank does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such a device. You are solely responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance and costs associated with such device with your telecommunications carrier.

(2) There is no fee to use KeyBank Mobile; however, regular account charges will apply to services and features accessible through KeyBank Mobile. The telecommunications carrier for your Eligible Mobile Device may impose an extra fee in order to make such device ’wireless web enabled.’ Usage of KeyBank Mobile through your telecommunications carrier’s web services or another third party provider’s WiFi service may also result in additional data charges from your telecommunications carrier or other third party provider.

(3) By providing a telephone number for a cellular telephone, other wireless device, or a landline number that was later converted to a wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from KeyBank and its affiliates and agents. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls regardless of their purpose. These calls and messages may incur access fees from your cellular provider.

(4) Access to KeyBank Mobile via your Eligible Mobile Device is powered by the mobile technology solution owned by mFoundry, Inc. (the "Third Party Licensor"). The Third Party Licensor is not the provider of any of the financial services available to you through the Software (defined below), and the Third Party Licensor is not responsible for any of the materials, information, products or services available to you through the Software.

(5) KeyBank Mobile may be accessed on an Eligible Mobile Device by any customer of KeyBank with an eligible deposit account currently enrolled in Online Banking and a User ID and password that provides access to his or her account via Online Banking and Mobile Banking. You acknowledge and agree that you are solely responsible and liable for any and all activity related to access on or through your Eligible Mobile Device by you or any third party customer of KeyBank (a "Guest User") and you hereby waive any claim that access through your Eligible Mobile Device by someone other than you was unauthorized.

B. Ownership and License.

(1) You acknowledge and agree that the Third Party Licensor is the owner of all right, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained herein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (collectively referred to herein as the "Software"). By accessing the Software or using KeyBank Mobile, you agree to be bound by these Terms of Use, which constitute your agreement with the Third Party Licensor and KeyBank.

(2) You are granted a personal, non-exclusive, non-sublicensable, non-transferable, license to install and use the Software (in machine readable object code only) only on an Eligible Mobile Device you own or control, solely for your personal use and as expressly permitted herein. This limited right to use the Software is revocable at the discretion of KeyBank or the Third Party Licensor. This is not a sale of the Software. All rights not expressly granted to you by these Terms of Use are hereby reserved by the Third Party Licensor. Nothing in this license shall entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. You agree that KeyBank and its Third Party Licensors shall have no obligation to correct any bugs, defects or errors in the Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance KeyBank Mobile or the Software. This license may be terminated at any time, for any reason or no reason, by you, Keybank, or the Third Party Licensor. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your Eligible Mobile Device or otherwise in your possession or control.

C. Restrictions. You agree not to (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Software, including, but not limited to, any trademark, logo, or copyright.

D. Updates. These Terms of Use will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.

E. Consent to Use of Data. You acknowledge and agree that KeyBank or the Third Party Licensor may collect, transmit, store, and use technical, location, and login or other personal data and related information, including, but not limited to, technical information about your device, system, and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of Software updates, product support, and other services to you (if any) related to, or in connection with, the Software or KeyBank Mobile. The Third Party Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.

F. Export Restrictions.

(1) You agree you will not use, or otherwise export or re-export, KeyBank Mobile or the Software, except as authorized by the laws of the United States and the laws of the jurisdiction in which the Software was obtained. Specifically, and without limitation, you agree not to export or re-export the Software (a) into any countries embargoed by the United States; (b) into any country designated by the U.S. Government as a ’terrorist supporting’ country; or (c) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You further represent and warrant you are not located in any such country or on any such list. You also acknowledge and agree you will not use KeyBank Mobile or the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

(2) KeyBank Mobile is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. KeyBank may restrict the availability of KeyBank Mobile and the Software in any jurisdiction or country where such use would be contrary to U.S. law or regulation, or which is identified as presenting a high risk of fraud. Please call 1-800-KEY2YOU, or TTY/TDD at 800-539-8336, for the current list of countries where transactions are restricted.

G. Governing Law.

(1) The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 C.F.R. § 12.212 (Computer Software) or DFARS 227.7202 (Commercial Computer Software and Commercial Computer Software Documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in these Terms of Use.

(2) With respect to KeyBank only, the same laws that govern your account relationship with KeyBank, as explained in the Deposit Agreements and User Agreement, shall govern these Terms of Use. In any instance where you are not subject to the Deposit Agreements or User Agreement, or the terms of the Deposit Agreements or User Agreement are deemed inapplicable, then (i) the laws of the State of Ohio, excluding its conflict of law rules, shall govern these Terms of Use, and (ii) you hereby irrevocably consent that all claims or disputes arising out of or in connection with these Terms of Use with respect to KeyBank shall be heard exclusively by any of the federal or state court(s) of competent jurisdiction located in the Northern District of Ohio, Eastern Division, or Cuyahoga County, Ohio, USA.

(3) With respect to the Third Party Licensor only, these Terms of Use constitute the entire agreement between you and the Third Party Licensor concerning the subject matter hereof. These Terms of Use, with respect to the Third Party Licensor only, shall be governed and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflicts of laws and you hereby irrevocably consent that all claims or disputes arising out of or in connection with these Terms of Use with respect to the Third Party Licensor shall be heard exclusively by any of the federal or state court(s) of competent jurisdiction located in the county of San Francisco, California, USA. With respect to the Third Party Licensor, the application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

H. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN ’AS IS’ AND ’AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

I. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KEYBANK OR THE THIRD PARTY LICENSOR OR ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY GENERAL, SPECIFIC, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, KEYBANK AND THE THIRD PARTY LICENSOR’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

iPhone(R) and iPod(R) are trademarks of Apple Inc. Android(TM) is a trademark of Google Inc. Use of this trademark is subject to Google permissions (google.com/permissions).

II. Mobile Deposit

A. Services. KeyBank Mobile’s remote deposit capture feature ("Mobile Deposit") is designed to allow you to make deposits to your eligible Online Banking accounts ("Eligible Account") by scanning checks and delivering the image and associated deposit information to KeyBank. Eligibility is determined on an account-by-account basis. KeyBank may, in its sole discretion, change the eligibility requirements for Mobile Deposit without prior notice. Please see the Mobile Deposit website at www.key.com/deposit for a current listing of eligible accounts.

KeyBank reserves the right to change, suspend, or discontinue Mobile Deposit, in whole or in part, or your use of Mobile Deposit, in whole or in part, at any time and without any prior notice to you. Except as expressly provided in these Terms of Use, deposits made through Mobile Deposit are subject to all limitations and terms set forth in the Deposit Agreements governing your account, as they may be modified from time to time, including, but not limited to deposit acceptance, crediting, collection, endorsement, processing order, and errors.

B. Fees. A fee may be charged for Mobile Deposit based on the type of your Eligible Account. Any fee that is charged will be disclosed prior to your deposit. KeyBank may change the fees for use of Mobile Deposit at any time. You authorize KeyBank to deduct any such fees from any Eligible Account.

C. Eligible Items. You agree to scan and deposit only "checks," as that term is defined in Federal Reserve Regulation CC ("Reg CC") and only those checks that are permitted under these Terms of Use or such other items as KeyBank, in its sole discretion, may elect to accept for deposit. You agree that the image of the scanned check transmitted to KeyBank shall be deemed an "item" within the meaning of Article 4 of the applicable Uniform Commercial Code. You agree that you will not use Mobile Deposit to scan and deposit any checks or other items as follows:

(1) Checks or items payable to any person or entity other than you, or to you and another party;
(2) Checks or items containing alteration of any of the fields on the front of the check or item, including the MICR line, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
(3) Checks or items previously converted to a substitute check, as defined in Reg CC;
(4) Checks or items drawn on a financial institution located outside the United States;
(5) Checks or items that are remotely created checks, as defined in Reg CC;
(6) Checks or items that are not payable in United States currency;
(7) Checks or items dated more than six (6) months prior to the date of deposit;
(8) Checks or items on which a stop payment order has been issued or for which there are insufficient funds;
(9) Checks or items otherwise prohibited by KeyBank’s current procedures relating to Mobile Deposit or which are otherwise not permitted under the terms of the Deposit Agreements.

Please see the Deposit Agreements for further information regarding permitted and prohibited items for deposit.

D. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through Mobile Deposit by writing "KeyBank Mobile Deposit Only" after your signature, or as otherwise instructed by KeyBank. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as KeyBank may establish from time to time. You also agree to furnish any information in your possession that KeyBank may request regarding a check or item presented for deposit or deposited through Mobile Deposit. You further agree to cooperate with KeyBank in the investigation of any unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.

E. Receipt of Items. KeyBank reserves the right to reject any item transmitted through Mobile Deposit, at KeyBank’s discretion. KeyBank is not responsible for checks or items it does not receive in accordance with these Terms of Use or for items that are dropped or damaged during transmission. An image of a scanned item is deemed received when you receive confirmation from KeyBank that it has received the image. Receipt of such confirmation does not mean that the transmission was error free, properly processed or complete, or that funds will be credited for that check or item. You agree that KeyBank is not liable for any loss, costs, or fees you may incur as a result of a chargeback of an ineligible item. By using Mobile Deposit, you accept the risk that an item may be intercepted or misdirected during transmission. You agree that KeyBank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

F. Funds Availability; Cut-Off Times. KeyBank will make funds available for checks and items received, accepted, and successfully processed through Mobile Deposit in accordance with its standard funds availability policy, as outlined in your Deposit Agreements. Deposits made using Mobile Deposit to an Eligible Account after 11:00 p.m. Eastern Time on any business day will be considered received by KeyBank on the next business day.

G. Disposal of Items. You agree to retain any check or item submitted through Mobile Deposit for fourteen (14) days after you have received confirmation from KeyBank that it has received your deposit ("Retention Period"). After the Retention Period, you agree to destroy the scanned check you presented for deposit, prominently mark it "VOID," or otherwise render it incapable of further transmission, presentment, or deposit. You agree to promptly provide the check to KeyBank during the Retention Period, if requested. You agree never to represent to KeyBank, or any other party, a check or item that has been deposited through Mobile Deposit unless you are notified by KeyBank that the check or item will not be accepted for deposit through Mobile Deposit.

H. Deposit Limits. KeyBank reserves the right, at any time in its discretion, to impose limits on the amount(s) and/or number of deposits you may make over a certain period of time. If you attempt to make a deposit in excess of your limit, your deposit may be rejected. If you are permitted to make a deposit in excess of your limit, such deposit is still subject to these Terms of Use, and KeyBank is not obligated to accept a similar deposit at other times. The current monthly dollar limit is $5,000.00 for any consecutive thirty (30) calendar day period for clients with a relationship account, and $2,500.00 for any consecutive thirty (30) day calendar period for clients who do not have a relationship account. A current list of relationship and non-relationship accounts may be found at www.key.com/deposit. There is no daily or monthly limit on the number of items that may be deposited, as long as the respective monthly dollar limits are not exceeded. To continue to be eligible to use Mobile Deposit, you may not have overdrafts or returned checks deemed excessive by KeyBank in its sole discretion.

I. Presentment. The manner in which checks or items are cleared, presented for payment, and collected shall be in KeyBank’s sole discretion as set forth in the Deposit Agreements.

J. Image Quality. The scanned image transmitted to KeyBank using Mobile Deposit must be legible. The image quality of the check or item must comply with the standards established from time to time by the American National Standards Institute, or any higher standard set by KeyBank, and with requirements set by any clearing house used by KeyBank or regulatory agency with authority over KeyBank.

K. Representations and Warranties. You represent and warrant to KeyBank that:

(1) You will only submit eligible checks and items, and all checks or items will include all signatures required for their negotiation;
(2) You will not transmit duplicate items, nor will you deposit or negotiate, or seek to deposit or negotiate, any previously transmitted check or item with any third party;
(3) Images will meet KeyBank’s image quality standards in effect from time to time;
(4) All information you provide to KeyBank is accurate and true, including that all images submitted through Mobile Deposit accurately reflect the front and back of the check or item at the time it was scanned;
(5) You will use Mobile Deposit only for your own deposits and will not allow use of Mobile Deposit by way of a service bureau business, timesharing, or otherwise disclose or allow use of Mobile Deposit by or for the benefit of any third party;
(6) You will comply with these Terms of Use, and all applicable laws, rules, and regulations;
(7) You are not aware of any factor which may impair the collectability of any item;
(8) You agree to indemnify and hold KeyBank harmless from any loss for breach of the foregoing representations or warranties.

III. Additional Terms and Conditions

KeyBank Mobile is a service designed to supplement Online Banking. The transaction activity displayed through KeyBank Mobile is for informational purposes only and is not equivalent to the official statement information on KeyBank’s records. Your actual available balance may be lower than your current balance. KeyBank Mobile will only return pending and cleared transaction history for the last ninety (90) days, and will return such results twenty-five (25) transactions at a time. KeyBank’s records shall control if there is any conflict with any information displayed on KeyBank Mobile.

Subject to the terms of the Deposit Agreements and the User Agreement, you may use KeyBank Mobile to make bill payments through KeyBank’s Online Bill Pay to existing Payees previously created by you in Online Banking. You may not add, edit, or otherwise remove Payees through KeyBank Mobile. You may schedule new payments and/or cancel pending payments solely for existing Payees. Payment activity will only be displayed for the preceding ninety (90) days. Only same-day transfers to your other KeyBank accounts are permitted through KeyBank Mobile. All bill payments and applicable intrabank transfers are subject to KeyBank’s Hours of Operation and the Cutoff Times disclosed in the Deposit Agreements and User Agreement, as they may be amended from time to time.

You acknowledge and agree that from time to time, KeyBank Mobile may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of KeyBank, including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the Eligible Mobile Device to access the wireless web, or any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. KeyBank and its affiliates shall not be liable for any claim arising from or related to KeyBank Mobile arising from any such delay, interruption, disruption or similar failure.

Except as otherwise required by applicable law or regulation, KeyBank may terminate your use of KeyBank Mobile and/or expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the service, change the enrollment process and transaction limits associated with it from time to time based on security issues and other factors, or discontinue, modify, add, or remove features from the service, all at any time in its sole discretion. Your continued use of KeyBank Mobile, or any of its features, will constitute your acceptance of, and agreement to, such changes.

BY CLICKING "AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND THEREBY. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE AND LIABLE FOR ANY ACTIVITY BY ANY GUEST USER ON YOUR ELIGIBLE MOBILE DEVICE. IF YOU CANNOT AGREE TO THE TERMS OF USE, DO NOT DOWNLOAD, INSTALL, COPY, OR OTHERWISE USE THE KEYBANK MOBILE APPLICATION.