Contact Sales
Updated:
August 2026
This Online Service Agreement (the “Agreement”) govern your consent to receive electronic communications in connection with any product or service provided by Secure Inc., a subsidiary of Santander, N.A. (the “SecureSave,” “we,” “our,” “us” or “ours”), its Affiliates, and Service Providers and sets forth the terms and conditions that apply to the online services provided to you (“Customer,” “you” or “your”) by us.
The Online Services (“OLS”), which is offered and provided by SecureSave consists of the following services (each, a “Service”): Online Services, Electronic Communication Delivery (“E-Communication”), Mobile Services. OLS is offered through our online site or mobile applications (the “Site”). SecureSave is not a bank and your ESA deposit account is established and maintained exclusively by Santander Bank, N.A. (“Bank””).
This Agreement consists of (1) your ESIGN Consent, (2) general terms and conditions that apply to each Service set forth in Article III (the “General Terms”), (3) additional terms for certain Services, which apply only to the Service specified, and (4) a “Definitions” section set forth in Article V herein that identifies defined terms not otherwise defined in this Agreement. This Agreement is used in conjunction with your ESA Program Account Agreement, Funds Availability, Truth in Savings Agreement, Privacy Policy which covers account terms and conditions. This Agreement hereby incorporates by reference the ESA Program Account Agreement, Funds Availability Policy, Truth in Savings Account Disclosure, Privacy Policy and any additional terms and conditions referenced by SecureSave.
If you are an individual accessing or using OLS on behalf of, or for the benefit of, any corporation, partnership or other entity (an “organization”) with which you are associated (such individual an “Authorized User”), then you are agreeing to this Agreement on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the Authorized User using OLS and to any such organization.
This Agreement contains an arbitration provision. Please read the Arbitration Agreement section carefully.
I) ESIGN CONSENT
SecureSave, its Affiliates, and Service Providers may need to provide you with certain communications, notices, agreements, statements, or disclosures in writing regarding your relationship with the SecureSave or any product or service offered by or through SecureSave (“Communications”). By agreeing to this Agreement, you confirm your ability and affirmatively consent to receive Communications electronically from the SecureSave, rather than in paper form, and agree to the use of electronic signatures in connection with any Communications with SecureSave (“Consent”). If you choose not to agree to this Consent you will be restricted from using OLS and other SecureSave products and services including emergency savings account (“ESA”) services.
1. Electronic Delivery of Communications
Under this Consent, SecureSave will provide all Communications electronically by email, by text message, or by making them accessible via SecureSave websites or applications. You are strongly encouraged to save or print the Communications we provide to you electronically for your future reference.
2. System Requirements
To access and retain the electronic Communications, you will need the following:
SecureSave reserves the right to change these hardware and software requirements.
3. Withdrawal of Consent to Electronic Communications
You acknowledge that the only mechanism in which we, the Bank, our Third Party Providers, and/or other third parties may send you Communications as part of your participation in OLS, Service or ESA is via electronic communications. You may withdraw your Consent at any time by closing your ESA account. If you withdraw your Consent, you hereby acknowledge that you no longer wish to participate in the ESA program, OLS or Service and close your account. Withdrawal of consent shall be effective only upon closure. We shall not be responsible for closing your ESA account or terminating ESA services on your behalf.
4. Updating Your Email Address
You agree to maintain a valid email address and promptly notify us of any changes to your email address. You can change your email address at any time through your online profile.
5. Acceptance
By accepting this Agreement, you agree and certify that you understand the system requirements described above, that you have demonstrated your ability to receive, retain, and view electronic Communications, and that you affirmatively consent to the electronic delivery of all Communications and to the use of electronic signatures in connection with all Communications, including this Agreement.
II) OVERVIEW OF AVAILABLE OLS PRODUCTS AND SERVICES
OLS allows you to access the following Services, some of which may require you to enroll.
1. Online Services
Subject to the terms of this Agreement, the Service can be used to (a) give an order to SecureSave to instruct the Bank to make a transfer of funds from your ESA deposit account to any other of your deposit accounts as you designate, (b) request from SecureSave available information concerning your ESA deposit account and, (c) establish alerts (“Alerts”) which are electronic messages that may be generated and sent to you, which may include, fee and transaction information, tax information, statements, change-in-term notices, and privacy and other notices.
2. E-Statements
Subject to the terms of this Agreement, by enrolling in the E-Statements Service you agree to receive your account statements electronically (such statements, “E-Statements”). You understand and agree that, by enrolling in the E-Statement Service, you will not receive statements by mail.
3. Mobile Services
Subject to the terms of this Agreement, the Mobile Services offers customers mobile access to their account information (e.g., for balances, last transactions), as well as the option to set up Alerts for their accounts Enrollment requires that you (a) download a SecureSave mobile application (“Mobile App”) from Apple or Android (Google market) stores for your mobile device (iPhone, iPad, Android phone or tablet), (b) identify relevant ESA account, and (c) provide a mobile phone number. You will be required to complete verification of the mobile phone number by entering into the mobile application the verification code that you receive via SMS. Additionally, you may select the type of Alerts and other preferences which will determine, together with your account data, the frequency of Alerts delivered to you. Alerts will be on-going. Message and data rates may apply. Message frequency will vary. Except for security related communications, Customers are allowed to opt out of Alerts at any time.
III) GENERAL TERMS AND CONDITIONS FOR ALL OLS PRODUCTS AND SERVICES
1. Account Credentials
If you are issued or create any password or other credentials to access the OLS or the portion of the Site through which any of the OLSS are offered, you agree not to give or make available your password or credentials (including biometric sign-in methods) to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or OLS without your consent, you must inform us at once by contacting us as set forth in Section 8 (Notices, Questions, and Complaints) of the General Terms.
YOUR SUBMISSION OF INFORMATION THROUGH ANY THIRD-PARTY VERIFICATION SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY VERIFICATION SERVICE (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDER OF SUCH VERIFICATION SERVICE).
IF YOU VOLUNTARILY PROVIDE ACCOUNT INFORMATION, INCLUDING USER CREDENTIALS, BIOMETRIC INFORMATION AND API KEYS, TO A THIRD PARTY, INCLUDING INFORMATION AGGREGATORS OR SCREEN SCRAPERS, YOU RECOGNIZE THAT YOU DO SO AT YOUR OWN RISK.
You understand we cannot verify the identity of the person gaining access to your account(s), whether that person is you, another individual to whom you have given your account information, or another third party. If you share your account information with others, you agree that you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by any person or entity to whom they may provide that personal and account information and that we or the Bank will not be liable for the consequences. We or the Bank may terminate your access to OLS if we have reason to believe an unauthorized third party is gaining access to your accounts.
2. Authorized Users
If you are an organization, you acknowledge and agree that you are liable for all activity that any Authorized User performs on your behalf. You represent and warrant that you have entered into a separate agreement with each Authorized User with respect to the Authorized User’s obligations to you, and you acknowledge that we or the Bank have no obligation to know or enforce the terms of that agreement. You further represent and warrant that you have executed all necessary authorizations, corporate resolutions, or other permissions necessary to authorize the Authorized User to access information, initiate transactions, or engage in other activities on all accounts linked through OLS. You also agree that you or any other person on your account, whether a joint owner or your Power of Attorney, will hold SecureSave and Bank harmless for any erroneous or fraudulent activity performed by your Authorized Users, including on any account linked through OLS. You understand that you may limit or revoke the Authorized User’s access at any time by updating or removing the Authorized User’s access rights. SecureSave or Bank may terminate access of any Authorized User if the owners of any linked account have not provided Bank with a properly executed consenting form satisfactory to the Bank in its sole discretion.
If you are an Authorized User, you acknowledge and agree that you will access and use OLS only in accordance with the authority given to you by the owners of any account linked through OLS. Each time you access information, initiate transactions, or engage in other activities through OLS, you represent and warrant to Secure and Bank that you are authorized to engage in such action. If Secure or Bank receives conflicting instructions or believes that any action or failure to act of yours presents a security risk, then Secure or Bank may, in its sole discretion and without prior notice, terminate you as an Authorized User.
3. Equipment
You are responsible for obtaining, maintaining and paying for all computer, software, hardware and all telecommunications and other services and equipment needed to use OLS. The installation, maintenance, operation and use of such services and equipment you use for OLS are your responsibility.
4. Data Collection
Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of OLS, may be used by us, the Bank and our Service Providers to conduct certain analytical research, performance tracking and benchmarking. Our Service Providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will be handled in accordance with our separately provided Privacy and Opt-Out Notice.
5. Privacy
Protecting your privacy is very important to us. Please review our privacy policy (“Privacy Policies”) in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another person through the OLS, you agree to keep the information confidential and only use it in connection with the OLS.
6. Information Authorization
Your enrollment in a Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of a Service, and in accordance with our Privacy Policies, you agree that we or the Bank reserve the right to obtain personal information about you, including without limitation, financial information and transaction history. You further understand and agree that we or the Bank reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Services, to authenticate you when you log in, to send you information about the Services, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Services and the content and layout of the Site. Additionally, we, the Bank and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We or the Bank and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we or the Bank and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services. The following provisions in this Section apply only to certain Services:
If you provide us with a telephone number (including a wireless, cellular, or mobile phone number) or an email address, you hereby affirmatively consent to receiving calls from or on behalf of us at that number (INCLUDING LIVE OPERATOR CALLS, PRERECORDED OR ARTIFICIAL VOICE MESSAGE CALLS, AND/OR CALLS AND TEXTS MADE USING AUTOMATED TECHNOLOGY)
and emails from or on behalf of us at that email address, in each case for non-marketing purposes, including to validate or process a transaction, to operate and improve OLS and our products and services, and to provide you with information and reminders regarding OLS and our products and services. SecureSave will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by replying to any of our text messages with the word STOP. You may opt-out of emails by following the unsubscribe instructions in the email. You acknowledge that opting out of text messages, calls, or emails may impact your ability to use certain features of OLS.
8. Notices, Questions, and Complaints
You agree that we or the Bank may provide notice to you by posting it on the Site, sending you an in-product message within a Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your OLS setup or customer profile.
Except as otherwise stated in this Agreement, notice to us concerning the Site or the OLS must be sent by postal mail to:
Secure Inc.
218 Main Street #440
Kirkland, WA 9803
For questions, complaints, or additional information please call our Contact Centers as soon as possible:
Consumer Contact Center: 206.666.4900
See your ESA Program Account Agreement for more information regarding error resolution.
Please note that email communications will not necessarily be secure; accordingly, you should not include account information or other sensitive information in any email correspondence with us.
9. Information Changes
It is your sole responsibility, and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Depending on the Service, changes can be made either within OLS or by contacting the Contact Center. All changes made are effective immediately. We or the Bank are not responsible for any errors or fees incurred if you do not provide accurate account or contact information.
10. Amendments
This Agreement, applicable fees and service charges may be altered or amended by us from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the OLS. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the OLS following any changes to this Agreement will constitute your acceptance of such changes. The “Last Modified” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the OLS (including access to the OLS via any third- party links); charge, modify or waive any fees required to use the OLS; or offer opportunities to some or all users.
11. Changes to Service, Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach
In the event you wish to cancel this OLS, you may close your ESA account or contact our Contact Center during business hours as set forth in Section 8 (Notices, Questions, and Complaints) of the General Terms.
If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or any other agreement that you have with us, the Bank or have otherwise breached your obligations under this Agreement or any other agreement that you have with us, we or the Bank may terminate, suspend or limit your access to or use of the Site or the OLS; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we or the Bank, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the OLS for any reason and at any time.
Neither termination nor suspension shall affect your liability or obligations under this Agreement. The remedies contained herein are cumulative and are in addition to the other rights and remedies available to us under the other agreements and disclosures referenced herein, by law or otherwise.
Upon any such termination or suspension, your right to use OLS will immediately cease, and the SecureSave, its Affiliates, or Service Providers may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials.
12. Our Relationship With You
We and the Bank are an independent contractor for all purposes, except that the Bank acts as your agent with respect to the custody of your funds for the OLS. We also do not guarantee the identity of any user of the OLS.
13. Service Providers
We are offering you the OLS through one or more Service Providers that we have engaged to render some or all of the OLS to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the OLS to you, we are the sole party liable to you for any payments or transfers conducted using the OLS and we are solely responsible to you and any third party to the extent any liability attaches in connection with the OLS. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
14. Code of Conduct
In connection with OLS, you must not, and must not enable or permit any Authorized User to:
15. Intellectual Property
All marks and logos related to SecureSave or Bank and OLS are either trademarks or registered trademarks of the Bank or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we or the Bank may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us, the Bank or the OLS or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the OLS, the portion of the Site through which the OLS is offered, the technology related to the Site and OLS, and any and all technology and any content created or derived from any of the foregoing, is our or the Bank’s exclusive property or that of our licensors. Nothing contained in this Agreement should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
OLS and the Site are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use OLS, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to use OLS on a mobile device that you own or control. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the OLS and remove (that is, uninstall and delete) OLS from your mobile device.
Any suggestions, ideas, notes, drawings, concepts, feedback, or other information you may send to us through or regarding the Site or OLS shall be considered an uncompensated contribution of intellectual property to us or the Bank, shall also be deemed our or the Bank’s exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and Bank a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section.
16. Third Party Materials
Certain functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us and our licensors to access, route and transmit to you the applicable Third Party Materials.
Neither we nor our licensors control, endorse, or are responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein or the security of any information (including credit card or other personal information). Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by use or our licensors with respect to any Third Party Materials. We and our licensors have no obligation to monitor Third Party Materials and may block or disable access to any Third Party Materials (in whole or part) through OLS or the Site at any time. In addition, the availability of any Third Party Materials through OLS or the Site does not imply any endorsement, sponsorship or recommendation of, or affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY MATERIALS.
17. Entire Agreement
This Agreement supplements any agreements between you, the Bank and us concerning any ESA deposit account or transfer of funds, and the agreements for the specific services you have enrolled in, and except with respect to those agreements, this Agreement constitutes and represents the entire agreement between you and us regarding the OLS we provide you and the portion of the Site through which OLS is offered and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature, whether oral or written, between you and us relating to the subject matter hereof. This Agreement will be controlling in the event of any conflict between it and any other document or written or oral statement (including but not limited to by one of our Customer Contact representatives) with respect to the OLS.
This Agreement is not for the benefit of any other person, and no other person has any right under this Agreement against you or us, and nothing contained in this Agreement creates any agency, fiduciary, joint venture or partnership relationship between you and us.
Notice of final agreement. This written agreement represents the final agreement between us and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.
18. Severability
If any provision of this Agreement or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, are not impaired or otherwise affected and continue to be valid and enforceable to the fullest extent permitted by law.
19. No Waiver
We or the Bank shall not be deemed to have waived any of our or Bank’s rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
20. Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
21. Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
22. Survival
Sections 5, 8, 11, 13, 15, 17-23, 25-30 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.
23. Jurisdictional Issues
OLS is controlled or operated (or both) from the United States and is not intended to subject you to any non-U.S. jurisdiction or law. OLS may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of OLS is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit to OLS availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
24. Governing Law
This Agreement shall be governed by the laws of the United States (including federal arbitration law) and the State of Connecticut, without regard to its choice of law rules, and regardless of your location.
25. Disclaimer of Warranties
THE SITE, OLS, THE MOBILE APP, THIRD PARTY MATERIALS AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, WE OR THE BANK DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OLS, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE OR THE BANK WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE) IN ANY WAY ARISING OUT OF (A) ANY FAILURE OR MALFUNCTION OF, OR ANY COMPROMISE OF DATA SENT TO US OR BANK USING ANY TELEPHONE, ONLINE ACCESS OR OTHER SERVICE YOU USE TO CONNECT TO OLS, (B) ANY VIRUS OR SIMILAR PROBLEM RESULTING FROM THE USE OF OLS, OR (C) ANY ERROR IN THE INSTALLATION, MAINTENANCE, OPERATION OR USE, OR ANY CONFIGURATION PROBLEM OR INCOMPATIBILITY, OF SUCH COMPUTER, RELATED EQUIPMENT OR SOFTWARE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF SECURESAVE, BANK AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS (INCLUDING LENDERS) AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
You represent that: (a) you have the right to authorize and permit us or Bank to access your accounts to complete such fund transfers or for any other purpose authorized by this Agreement; (b) by disclosing to us or Bank and authorizing us or Bank to use account information and complete the transfer you are not violating any third party rights; and (c) information you provide to us and Bank is true, current, accurate, and complete.
26. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, OLS, THE MOBILE APP, OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY 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 OLS, WHETHER CAUSED BY STRIKES, POWER OR SYSTEM FAILURES, EQUIPMENT MALFUNCTIONS, NATURAL DISASTERS, CYBER-ATTACKS OR OTHER REASONS.
IN NO EVENT SHALL WE OR OUR AFFILIATED ENTITIES, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE OLS CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE.
WITHOUT LIMITING THE FOREGOING, WE OR OUR AFFILIATED ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE OLS, THE MOBILE APP, OR THE SITE OR FROM ANY PAYMENT OPTIONS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
EXCEPT AS OTHERWISE REQUIRED BY LAW, WE OR OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO OLS, THE MOBILE APP, OR THE PORTION OF THE SITE THROUGH WHICH OLS IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT PROCEEDING WITHIN TWO (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.
EXCEPT AS OTHERWISE REQUIRED BY LAW, WE OR OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST DATA, PROFITS OR OTHER INTANGIBLES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF OLS, THE MOBILE APP, OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE OLS IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.
EXCEPT AS SET FORTH IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY LAW, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATED ENTITIES TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO OLS, THE PORTION OF THE SITE THROUGH WHICH OLS IS OFFERED, THE MOBILE APP, THIRD PARTY MATERIALS AND THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATED ENTITIES, FOR OLS, THE PORTION OF THE SITE THROUGH WHICH OLS IS OFFERED, THE MOBILE APP, AND THIRD PARTY MATERIALS.
27. Indemnification
You agree to defend, indemnify, and hold us and the Affiliated Entities harmless for any claims, liabilities, damages, loss or expense (including attorneys’ fees and expenses of litigation) resulting from:
If you have a dispute with one or more other users of the Site or the OLS, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (a) by § 1542 of the California Civil Code, which reads: “Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;” or (b) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.
29. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE ARBITRATION AGREEMENT OTHERWISE PROVIDES, YOU, THE BANK AND WE WAIVE OUR RIGHTS TO TRY A CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
You and we agree that at your or our request, any dispute arising out of, relating to, or connected in any way with: (i) OLS and any aspect of your relationship between you and us that is governed by this Agreement; or (ii) the breach, enforcement, interpretation, application, or validity of this Agreement or this Arbitration Agreement will be decided by binding arbitration. Arbitration involves the review and resolution of the dispute by a neutral party. Claims subject to this Arbitration Agreement include claims that arose before you and we entered into this Agreement (such as claims relating to advertising) and after termination of this Agreement.
In lieu of arbitration, either you or we can bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim.
Except as this Arbitration Agreement otherwise provides, if either you or we choose arbitration, you and we acknowledge and agree that neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action and the parties expressly waive their right to file, participate as a representative or member of any class, or seek relief on a class basis pertaining to any dispute either you or we elect to arbitrate. The arbitrator’s decision generally will be final and binding.
You and we may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. Unless mutually agreed to by you and us, arbitration claims may not be consolidated or joined with claims of other persons who may have similar claims other than joint account holders or beneficiaries on your account and/or related accounts. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
If there is a determination that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then this Arbitration Agreement will be inapplicable to that claim, and that claim will proceed instead through litigation in court rather than by arbitration but only after the conclusion of the arbitration of any claim that is subject to arbitration.
This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA), will govern the interpretation and enforcement of this Arbitration Agreement. If the FAA is found not to apply to any issue that arises in the enforcement of this Arbitration Agreement, then this issue will be resolved under the law of the State of Connecticut.
The arbitration will be conducted under the then current and applicable Commercial Rules of the American Arbitration Association (AAA) for business accounts and the then current and applicable Consumer Rules of the AAA for consumer accounts. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator, and not any federal, state, or local court or agency will have exclusive authority to resolve any dispute about the interpretation, validity, applicability, or enforceability of this Arbitration Agreement. The applicable AAA rules will determine payment of fees by you and us.
If your claim is for $10,000 or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, or by an in-person hearing in the federal judicial district where you reside, or as otherwise mutually agreed by the parties.
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent allowed by applicable law, the arbitrator may award arbitration costs and attorney’s fees to the prevailing party.
This Arbitration Agreement shall survive termination of this Agreement.
30. Waiver of Trial by Jury
To the extent permitted by law, if any dispute or claim results in a lawsuit, and neither you nor we have elected or requested arbitration, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. The trial will be brought individually and not as part of a class action. If it is brought as a class action, it must proceed on an individual (non-class, non- representative) basis. YOU KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS ACTION LAWSUIT.
31. Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the OLS compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the OLS. Apple is not providing any warranty for the OLS except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for OLS and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that OLS fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to the SecureSave in accordance with this Agreement. The license you have been granted herein is limited to a non-transferable license to use OLS on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that OLS may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third- party beneficiary thereof; notwithstanding the foregoing, SecureSave or Bank’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
IV) MOBILE SERVICES ADDITIONAL TERMS AND CONDITIONS
1. Mobile Services
By enrolling in and using the Mobile service, you agree to the following:
2.Biometric Login for Mobile
Biometric login is an optional biometric sign-in method that may be available for certain mobile devices that have a built-in biometric scanner (including Apple Touch ID® / Face ID® and Fingerprint Sign-On users). Biometrics are stored on your device only and SecureSave never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device to access your personal and payment account information within Mobile. SecureSave reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile username at a time on a device. If your device does not recognize your biometric information, you can sign in using your standard login credentials (e.g., password or other credentials). To use biometric login for Mobile on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within Mobile. If you choose to enable biometric login, we may provide you through OLS with additional terms and conditions regarding such use. Upon your acceptance, such terms and conditions shall be deemed incorporated into this Agreement.
V) DEFINITIONS
In addition to any other terms defined throughout this Agreement, as used in this Agreement the terms below have the following meanings:
Effective Date: January 15, 2026