Popular Mobile Banking User Agreement

END USER TERMS

Effective as of April 9, 2018

This Popular Mobile Banking User Agreement ("User Agreement") governs the Popular Mobile Banking service and the services referenced herein (collectively, the "app," application," "Service" or "Services) provided to you by Popular Bank. Popular Bank (referred to herein as "we," "us," "our" or "Popular") is a Member of the FDIC. The Popular Mobile Banking service is powered by a third party (the "Licensor") mobile technology solution. Section A of this User Agreement is a legal agreement between you and Popular Bank. Section B of this User Agreement is a legal agreement between you and the Licensor.

SECTION A

TERMS AND CONDITIONS

Thank you for using Popular Mobile Banking combined with your handheld's text messaging capabilities. If you have enrolled for Text Banking via Popular Online Banking, text "HELP" to 79680 if you need assistance. To cancel your plan, text "STOP" to 79680 at any time. In case of questions please contact customer service at PopularNet@popular.com or call 1-800-377-0800, Option 2. For more information and applicable terms relative to Text Banking, please refer to our Terms and Conditions for Text Message Alerts.

This is an agreement between you and Popular Bank. The terms and conditions herein shall govern your use of the Popular Mobile Banking Service and supplements and incorporates by reference the Terms and Conditions of Use of Online Banking, the Popular Online Banking Service Agreement and other applicable Popular agreements, disclosures and/or terms and conditions that govern your applicable account(s) ("Account(s)") and your use of the Services (including, but not limited to, any online and mobile banking services) that we offer.

Popular expressly reserves the right to not authorize or settle any transaction you submit which we believe (i) is in violation of any applicable law, Popular disclosure(s), notice(s), terms and conditions, or agreement(s) to which you may be subject, or (ii) exposes you, other Popular customers, financial services providers, or Popular to harm or unnecessary risk, including but not limited to fraudulent, illicit, terrorist and other criminal acts. You grant us authorization to share information with law enforcement about you, your transactions, or any of your applicable Accounts if we reasonably suspect that your use of any products or services offered by Popular and/or your Account(s) has been for an unauthorized, illegal, or criminal purpose.

1. ELECTRONIC DISCLOSURE AND CONSENT

a. Consent. You agree to receive, as applicable, the Terms and Conditions of Use for Online Banking, the Popular Online Banking Service Agreement, this User Agreement, and all applicable agreements, disclosures, terms and conditions, notices and communications regarding the Services and your applicable Account(s) accessed through the Services (together, the "Communications"). The Communications that you agree to receive electronically from us may include, but are not limited to:

- Changes and updates to the Communications

- Disclosures, agreements, notices and other information relating to the Service and the Accounts as may be required under applicable federal and/or state laws and regulations;

- Our Privacy Policy and other privacy statements or notices (by posting such notices on our website);

- Any notice or disclosure regarding any Account or Service fee including, but not limited to, a late fee, an overdraft fee, or a stop payment order fee;

- Tax statements or notices; and

- Information or forms that we request from you and ask you to submit electronically, such as signature cards, Forms W-9, or other agreements.

b. Paper Copies of Electronic Communications. You may print or make a paper copy of the Communications. You can request a paper copy of some communications, but occasionally fees may apply. Stop by your local branch or contact our Customer Care Center at 1-800-377-0800 to make a paper copy Communication request.

c. Withdrawing Electronic Consent. You can withdraw your consent to receive future electronic Communications by calling our Customer Care Center at 1-800-377-0800. However, if consent is withdrawn your access to the Service will be revoked.

d. Equipment Requirements. The Service is compatible with the latest two versions of all known browsers. Versions older than the last two for any given browser may or may not be supported, and support of any older version is at our sole discretion. You are responsible for obtaining, installing, maintaining and operating all necessary hardware, software, and internet access services necessary to use the Service. We require your browser to be, at a minimum, 128-bit encryption enabled. You must have software such as Adobe Acrobat Reader version 8 and above (which can be obtained from www.adobe.com) for Communications that are "PDF" files. Your access to this page verifies that your hardware, software, and browser meet these requirements.

e. Updating Your Contact Information. It is your sole responsibility to maintain your updated email and other contact information within the Service. Instructions on how to update your contact information can be found in the Service.

f. Receipt of Communications. You are deemed to have received Communications from us when they are made available to you. It is your responsibility to log in to the Service regularly to remain up to date with Communications. You will receive an e-mail from us for Communications that we deem to be time sensitive, which may prompt you to log in to review the full Communications.

2. SERVICES OFFERED: The Service is a module of the Popular Online Banking service accessed via a web-enabled or text-enabled cell phone, smart phone personal digital assistant (PDA), tablet or other mobile device. Not all of the products and services available through the Popular Online Banking Service may be available through our Mobile Banking Service.

a. Internal Transfers of Funds. You may use the Service to transfer funds between your Accounts ("Internal Transfers"), excluding credit card and certificates of deposit ("CD's"). Internal Transfers that are scheduled for a later date or set to be recurring (performed at a regular frequency) are processed at 2:00 am CST on the [Business Day the Internal Transfer request rules you set up indicate the transfer is to be sent. Immediate one-time Internal Transfers are processed at the time they are submitted, but please be aware immediate Internal Transfer requests may not be permitted during nightly processing from 11:00 pm-3:00 am CST each Business Day.

b. Balance Inquiries. You may use the Service to check the available balance and other Account information.

c. Bill Pay. Customers that have enrolled to the Bill Pay service through Popular Online Banking may use the Service to process "Immediate Payments". Functionality to schedule a recurring payment through the Service is not available in Mobile Banking at this time. "Immediate Payments" are one-time payments that you request each time you want to make a payment and request the payment be sent immediately.

- Payee. "Payee" means the merchant or other person or entity to whom you designate a payment to be directed or already paid. You may add, modify, or delete Payees through Online Banking Service and the Mobile Application. To use Bill Pay you must provide sufficient information for us to properly identify your Payees. We reserve the right to refuse to pay any Payee whom you may designate for a payment. Payees must be located in the United States and U.S. Territories.

- Making Payments. For all payment types, you authorize us to make payments by electronic, paper checks or other means that we determine are appropriate. If a payee does not accept electronic payments, you authorize us to make payment by check. If the payee does not have a payment address on file you may provide the payment address. If you provide a payment address you are solely responsible for the accuracy of that address, and for any late payment fees or charges resulting from an inaccurate payment address. For all types of payments and bills, you authorize us to follow your payment instructions.

- Processing Times. Nightly processing occurs from 11:00 pm - 3:00 am CST on Business Days, and during this time no bills are processed, nor can an Immediate Payment be made. If an Immediate Payment is submitted between 3:00 am - 7:30 pm CST on a Business Day it will be processed that Business Day. If an Immediate Payment is submitted between 7:30 - 11:00 pm CST on a Business Day, it will be processed the following Business Day. You may add, stop or edit an Immediate Payment up to 7:30 p.m. CST on the Business Day the payment is scheduled to be sent. Estimates of when your payment will reach your payee are provided to you at the time you make or schedule a payment. It is always recommended you provide at least the estimated amount of time for your payment to reach your Payee to be considered on time by your Payee. We are not responsible for late payments that were requested with less time than the estimate provided.

- Adding, Stopping or Editing Bill Payments. You may add, stop or edit a bill payment by notifying us by 7:30 pm CST on the day the payment is to be processed. If you provide us with oral notification to stop payment you must provide us with written confirmation of the oral stop payment order within 14 days. If you fail to do so, your oral stop payment order will cease to be effective after the 14-day period. It is not possible to edit or stop a payment that has been completed. You may try to stop or edit a payment outside the processing times by visiting your local branch or calling our Customer Care Center at 1-800-377-0800, but there is no guarantee whatsoever your payment will be stopped or changed and you are solely responsible for any overdraft fees, late payment charges, or other losses to you resulting from your payment request(s) being completed.

- Deduction of Funds. You authorize us to follow your payment instructions. For scheduled and recurring payments, we will deduct your payment(s) from your selected Account (e.g. your checking, savings or money market account) on the date the payment is to be sent per your request and instructions. For Immediate Payments, we will deduct your payment(s) from your Account at the time of the Immediate Payment request even though the payment may not be sent until the next Business Day. If for any reason the payment amount is not deducted on the date the payment is sent, we reserve the right to deduct the payment at any future date after the payment is sent, which will usually be the next Business Day.

- Insufficient Funds. If, in our sole discretion, we make a payment on your behalf even though there are insufficient funds in your Account, we are authorized to deduct the amount of such payment from your Account (or any other account you have with us) at any future time. You also authorize us to deduct any non-sufficient funds and overdraft charges that apply and any fees we incur in attempting to collect the amount of the payment from you. You authorize us to report the facts concerning insufficient funds to a credit reporting agency.

- Authorization. Your enrollment in Bill Pay may not be fulfilled if we cannot verify your identity or other information with a biller. Through your enrollment in Bill Pay, you agree that we reserve the right to obtain financial information regarding your applicable Account with a payee to resolve payment-posting problems. You must authorize us to obtain information from a biller in order to receive an E-Bill. To do so, you must authorize us to use your username, password and any other login credentials required to set up an E-Bill.

- Limitations. No single Bill Pay transaction may exceed $9,999.00 and no Bill Pay Immediate Payment transaction may exceed $9,999.00. The total amount of any and all payments made with Bill Pay in any one (1) Business Day may not exceed $9,999.00. Immediate Payments may not always be available, but it is still your responsibility to pay your bills on time. You may not use Bill Pay to (a) pay taxes directly to governmental agencies or to make other payments directly to governmental agencies, (b) pay court-directed alimony or support, or (c) make payments to persons outside of the United States or U.S. territories. We reserve the right to refuse to pay any payee to whom you may direct a payment for security reasons or any other reason. We will notify you promptly if we decide to refuse to pay a payee designated by you. This notification is not required, however, if you attempt to make payments not allowed within Bill Pay as outlined above.

d. Mobile Check Deposits. Popular Mobile Check Deposit is designed to allow you to make deposits to your applicable checking, savings, or money market accounts from home or other remote locations by scanning checks using your mobile device and our iPhone® or Android® application software to deliver the images and associated deposit information to Popular or Popular's designated processor. Popular's Mobile Check Deposits are currently offered free of charge. Pricing and item limits are subject to change as noted in Popular's Schedule of Fees. Wireless connectivity and usage rates may apply. Contact your wireless service provider for more details.

- Acceptance of these Terms. Your use of the Popular Mobile Check Deposit service and the Services constitutes your acceptance of this User Agreement. This User Agreement is subject to change from time to time. Your continued use of the Popular Mobile Check Deposit service and the Services will indicate your acceptance of any revised User Agreement. Further, Popular reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Popular Mobile Check Deposit service and the Services. Your continued use of the Popular Mobile Check Deposit service and the Services will indicate your acceptance of any such changes to the Popular Mobile Check Deposit service and the Services. The Popular Mobile Check Deposit service is deemed a part of the Service provided by Popular and governed by the terms of this User Agreement.

- Limitations of Service. When using the Popular Mobile Check Deposit service, you may experience technical or other difficulties. We cannot assume responsibility and disclaim all liability for any technical or other difficulties or any resulting damages that you may incur. Please refer to the Popular Online Banking Service Agreement for additional details and limitations. Portions of the Popular Mobile Check Deposit service have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Popular Mobile Check Deposit service, in whole or in part, or your use of the Popular Mobile Check Deposit service, in whole or in part, immediately and at any time without prior notice to you to the maximum extent permitted by applicable law.

- Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that you will not use the Popular Mobile Check Deposit service to scan and deposit any checks or other items as shown below:

1. Checks or items payable to any person or entity other than you.

2. Checks or items drawn or otherwise issued by you or any other person on any of your applicable Account(s) or any account on which you are an authorized signer or joint account holder.

3. Checks or items containing obvious alteration to any of the fields on the front of the check or item, 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.

4. Checks or items previously converted to a substitute check, as defined in Reg CC.

5. Checks or items drawn on a financial institution located outside the United States.

6. Checks or items that are remotely created checks, as defined in Reg CC.

7. Checks or items not payable in United States currency.

8. Checks or items dated more than 6 months prior to the date of deposit.

9. Checks or items prohibited by Popular's current procedures relating to the Popular Mobile Check Deposit service or which are otherwise not acceptable under the terms of your applicable Account(s). Note: US Postal Money Orders are not permitted to be deposited through Popular Mobile Check Deposit.

- Image Quality. The image of an item transmitted to Popular using the Popular Mobile Check Deposit service must be legible. The image quality of the items must comply with the requirements established from time to time by the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

- Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Popular Mobile Check Deposit service as "For mobile deposit only, Popular account number xxxxxxxx" or as otherwise may be instructed by Popular from time to time. You agree to follow any and all other procedures and instructions for use of the Popular Mobile Check Deposit service as Popular may establish from time to time.

- Receipt of Items. We reserve the right to reject any item transmitted through the Popular Mobile Check Deposit service, at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Popular that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

- Availability of Funds. You agree that items transmitted using the Popular Mobile Check Deposit service are subject to the funds availability requirements of Reg CC and Popular's Funds Availability Policy Disclosure. Funds deposited using the Popular Mobile Check Deposit service will be available after Popular receives payment for the funds submitted, as we make with regular deposits. Popular may make such funds available sooner based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as Popular, in its sole discretion, deems relevant.

- Disposal of Transmitted Items. Upon your receipt of a confirmation from Popular that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or "VOID" and to properly dispose of the item after two (2) business days to ensure that it is not presented again for payment. And, you agree never to present the item again.

- Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Popular Mobile Check Deposit service and to modify such limits from time to time.

- Hardware and Software. In order to use the Popular Mobile Check Deposit service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Popular from time to time. Popular is not responsible for any third party software you may need to use the Popular Mobile Check Deposit service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

- Errors. You agree to notify Popular of any suspected errors regarding items deposited through the Popular Mobile Check Deposit service right away, and in no event later than 60 days after the applicable Popular account statement is sent. Unless you notify Popular within 60 days, such statement regarding all deposits made through the Popular Mobile Check Deposit service shall be deemed correct, and you are prohibited from bringing a claim against Popular for such alleged error.

- Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Popular's sole discretion subject to all applicable agreements and disclosures governing your applicable Account(s).

e. Person to Person Payments (Popular People Pay). Popular People Pay is a person to person payment service, which allows you to send and receive money from another individual (such individual, the "Recipient") within the U.S. The terms and conditions set forth in this Section 2(e) (these "Popular People Pay Disclosure") governs your use of Popular People Pay and by enrolling in Popular People Pay, you agree that you shall use Popular People Pay strictly in accordance with this User Agreement and all other applicable Popular disclosures, notices and communications regarding your Account(s), including, without limitation, these Popular People Pay Terms and Conditions, and applicable law. Each Transfer (as defined below) that you send or receive through Popular People Pay constitutes your ratification of your acceptance of these Popular People Pay Terms and Conditions and your agreement to abide therewith and with all other applicable provisions of this User Agreement.

Definitions

"ACH" means automated clearinghouse.

"Member Institution" means a financial institution that participates in Popular People Pay.

"Transfer" means a payment from you to a Recipient or from a Recipient to you that is made using Popular People Pay.

"Transfer Amount" means, as applicable, the amount that you direct us to transfer to the Recipient or the amount the Recipient has directed its Member Institution to send to you.

About the Popular People Pay Service; General Terms

Access

You may access Popular People Pay through Popular Online Banking or Popular Mobile Banking.

Disclaimer; Limitation of Liability

POPULAR AND ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO POPULAR PEOPLE PAY. POPULAR BANK MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF POPULAR PEOPLE PAY, THE ACCURACY OR RELIABILITY OF ANY INFORMATION TRANSMITTED THROUGH POPULAR PEOPLE PAY, THE AVAILABILITY OF ANY PARTICULAR PERSON, SERVICE, OR INSTITUTION TO COMPLETE A TRANSFER, OR THAT POPULAR PEOPLE PAY WILL MEET THE REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.<\p>

IN NO EVENT SHALL POPULAR, POPULAR’S AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) RELATING TO POPULAR PEOPLE PAY. OUR LIABILITY AND THAT OF OUR AFFILIATES WITH RESPECT TO ANY CLAIM, LOSS, DAMAGE, OR EXPENSE ASSERTED BY YOU OR ANY THIRD PARTY, INCLUDING CLAIMS ARISING IN INDEMNITY, RELATING TO POPULAR PEOPLE PAY SHALL BE LIMITED TO YOUR DIRECT, OUT-OF-POCKET DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF THE TRANSFER GIVING RISE TO SUCH CLAIM. ANY CLAIM PURSUANT TO THESE POPULAR PEOPLE PAY TERMS AND CONDITIONS MUST BE ASSERTED IN WRITING WITHIN THE TIME PERIOD PROVIDED BY APPLICABLE LAW OR, IF NO SUCH PERIOD IS PROVIDED BY APPLICABLE LAW, WITHIN TWO (2) YEARS OF THE DATE OF THE FIRST TRANSFER GIVING RISE TO SUCH CLAIM EXCEPT AS MAY OTHERWISE BE LIMITED OR PROVIDED UNDER APPLICABLE LAW.

Your Liability For Unauthorized Transfers

Notifying Us of Unauthorized Activity or Lost or Stolen Credentials

You should notify us immediately if you believe your access credentials for Popular People Pay have been lost or stolen or that someone has transferred or may transfer money from your Account using Popular People Pay without your permission. To notify us call 1-800-377-0800, contact us electronically by sending a message through Popular's electronic message center made available in Popular Online Banking, or by writing to us at Popular Community Bank, P.O. Box 4906, Miami Lakes, FL 33014. It is recommended you contact us immediately by phone in order to potentially minimize the loss. You could lose all the money in your Account (plus your maximum overdraft line of credit).

Lost or Stolen Access Credentials

If you tell us within two (2) Business Days after you learn of the loss or theft of your access credentials, you can lose no more than $50 if someone used your access credentials without your permission.

If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your access credentials, and we can prove that we could have stopped someone from using your access credentials without your permission if you had told us, you could lose as much as $500.

Please note that you could lose additional funds if you do not report unauthorized activity appearing on your periodic statement, as provided in the following section.

Unauthorized Activity on Periodic Statement

If you identify any suspected unauthorized activity on your account statement, you agree to notify Popular right away, and in no event later than 60 days after the applicable Popular account statement is sent. If you do not notify us within such 60-day period, you may be liable for all unauthorized activity following such 60-day period. If a good reason (such as a long trip or a hospital stay) prevented you from notifying us, we may in our sole discretion extend the period.

With respect to unauthorized activity during such 60-day period, if the activity involved use of lost or stolen access credentials, your liability for such activity will be determined by whether or not you have notified us of such activity and how quickly, as set forth in the section above captioned "Lost or Stolen Access Credentials." If the activity did not involve use of lost or stolen access credentials, you shall have no liability for unauthorized activity during the 60-day period, but may be liable for all unauthorized activity following such 60-day period if you fail to report such activity to us. You acknowledge and agree that we shall have no liability to you with respect to Transfers that fail or are not completed due to your failure to provide correct Required Contact Information (as hereinafter defined) for the Recipient or, where you are the recipient, the failure of a sending to provide correct Required Contact Information for you.

Resolving Errors or Disputes

In case of errors or question about your Transfers, you should notify us right away. To notify us call 1-800-377-0800, contact us electronically by sending a message through Popular's electronic message center made available in Popular Online Banking, or by writing to us at Popular Community Bank, P.O. Box 4906, Miami Lakes, FL 33014.

If you think your transaction history is incorrect or you need more information about a Transfer listed on your account statement, we must hear from you no later than 60 days after the Transfer in which the problem or error appears is FIRST posted in the transaction history or appears on your account statement. You must:

1. Tell us your name and account number (if any);

2. Describe the error or the Transfer in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,

3. Tell us the date, time and dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint or question in writing within (10) business days after your oral notification. We will tell you the results of our investigation within 10 business days (20 business days if the Transfer involved a new account) after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to 45 days (90 days if the Transfer involved a new account) to complete our investigation. If we decide to do this, we will provisionally credit your Popular account within 10 business days (20 business days if the Transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Your account is considered new for the first 30 days after the first deposit is made, unless you or each of you for a joint account already has an established account with us before this account is opened.

If we ask you to put your complaint or question in writing and we do not receive it within (10) business days, we may not provisionally credit your Popular account. If it is determined there was no error we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

Fees

Popular People Pay is currently offered to you free of charge. Other applicable fees are subject to change as noted in Popular's Schedule of Fees. Connectivity and usage rates may apply if you access Popular People Pay through a mobile device. Contact your cellular service provider for details. You acknowledge that the Recipient's Member Institution may impose fees in connection with the receipt of a Transfer.

Limitations on Certain Transfers

If your Funding Account (as defined below) is a savings account, including a money market account, federal regulations permit you to make no more than a combined total of six (6) payments that are pre-authorized, automatic, electronic (including computer initiated), in any monthly period. We may impose a fee, as disclosed on Popular's Schedule of Fees, for each such Transfer in excess of six (6) that you make in any monthly period. These fees will be reflected in your monthly statement. In addition, repeated violations may result in the savings or money market account being closed.

Misuse of Service. We encourage you to provide notice to us by calling 1-800-377-0800, sending a message through Popular's electronic message center made available in Popular Online Banking, or by writing to us at Popular, P.O. Box 4906, Miami Lakes, FL 33014, regarding any misuse of Popular People Pay, or any violation of these Popular People Pay Terms and Conditions, or the User Agreement generally.

Modifications or Amendments

We may modify the features offered through Popular People Pay, amend these Popular People Pay Terms and Conditions, or discontinue Popular People Pay at any time. We will provide notice of any such modifications or amendments, or of the discontinuation of Popular People Pay, to you as required by law.

Prohibited Payment Types

Popular People Pay may be used solely for one-time payments and cannot be used to set up recurring payments.

You agree that you shall not use the Popular People Pay service to make or receive any of the following types of payments (each, a "Prohibited Payment"), and we have the right, but not the obligation, to monitor for, block, cancel and/or reverse such payments:

Payments to an account located any territory outside of the United States; and

Payments that violate any law, statute, ordinance or regulation; and

Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and

d. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and

e. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services.

You are permitted to access Popular People Pay solely for the purpose of making or receiving Transfers on your own behalf. You covenant that you shall not make or receive Transfers on behalf of any other person or entity or accept a payment from any person or entity for making or receiving a Transfer. You acknowledge that any Transfer that violates the foregoing restrictions shall constitute a Prohibited Payment.

In no event shall we or our service providers be liable for any claims or damages in connection with an actual or attempted Prohibited Payment, and we have no obligation to research or resolve any claim resulting from a Prohibited Payment. Also, except as otherwise stated herein or pursuant to applicable law, we are not liable or responsible for any losses to you resulting from the use of lost or stolen personal or Account data as a result of your use of the Service, including Popular People Pay (including but not limited to losses arising from the use of lost or stolen mobile devices to access Popular People Pay (and whether or not caused by a compromise of your login credentials to any such mobile device or the Service)).

Enrolling in Popular People Pay

Enrollment Process. You must complete all enrollment steps in order to send or receive funds through Popular People Pay.

Eligibility. Popular People Pay is offered only to individual accountholders that are at least 18 years of age and are either citizens or legal residents of the fifty United States, the District of Columbia, and Puerto Rico. To sign up for the Popular People Pay service, you must have a United States address, United States telephone number or active unique email address. Additional eligibility criteria may apply, and such criteria may be amended by Popular at any time, subject to the requirements of applicable law.

Funding Account. As part of the enrollment process, you must designate the account or accounts you wish to use to make Transfers through Popular People Pay. The account used to fund a given Transfer is referred to in these Popular People Pay Terms and Conditions as the "Funding Account." The account to which a given Transfer is deposited is referred to in these Popular People Pay Terms and Conditions as the "Receiving Account."

Your Contact Information. You must provide an email address or mobile phone number in order to enroll in, send and receive payments through Popular People Pay. By providing your email address and mobile phone number, you consent to receive emails from us and our service providers, as applicable, at the provided email address and to receive calls (including live and prerecorded or artificial voice calls) and text messages from us and our service providers at the provided number, in each case, for the purpose of effecting Transfers and communicating with you regarding Transfers (including identity verification in conjunction with Popular People Pay). You also consent to receiving emails, calls, and text messages from other financial institutions that participate in Popular People Pay in conjunction with any Transfer sent by you to a customer of such financial institution or sent by a customer of such financial institution to you. You represent and warrant that you are fully authorized to provide such email address and mobile number to us and to consent to the foregoing communications.

Sending Funds

General Transfer Requirements.

In order to initiate a transfer through Popular People Pay, you must provide contact information for the recipient (the "Required Contact Information"). The Required Contact Information for each transfer type is specified below. You acknowledge that if the Required Contact Information you provide is incorrect, the transfer may fail or may not reach your intended recipient. You further acknowledge and agree that we have no obligation to determine the accuracy or completeness of any Required Contact Information you provide to us, and that we shall have no liability to you for transfers that fail or are misdirected due to inaccurate or incomplete information provided by you. You acknowledge and agree that Transfers are not reversible and that you should be solely responsible for recovering funds transferred to the incorrect Recipient due to your failure to provide correct or completed Required Contact Information.

By requesting a Transfer, you authorize and direct us to contact the Recipient using any of the Required Contact Information that you provide. By providing Required Contact Information to us, you represent and warrant that you have obtained all necessary consents from the Recipient to provide this information to us and to authorize us to contact (including through email, text messages, live calls, and prerecorded/artificial voice calls) the Recipient using any or all of the Required Contact Information provided.

You acknowledge and agree that our responsibility is limited to initiating a transfer pursuant to the method that you select (or, with respect to Recipient-Directed Transfers, as defined below, the manner selected by the Recipient). You further acknowledge and agree that the Recipient's receipt of the Transfer Amount, and speed with which the Transfer Amount is credited to the Recipient's account, are dependent upon factors beyond our control, including the policies and procedures of the recipient's financial institution. We shall have no liability to you or any third party in the event that a Transfer is not completed unless directly attributable to our breach of our obligations pursuant to this User Agreement. We make no representation or warranty to you regarding how quickly the Transfer Amount will be credited to the Recipient's account.

Transfers can be initiated 24 hours a day, 7 days a week. All Transfers other than Recipient-Directed Transfers are debited from your Funding Account on a same-day basis, regardless of when initiated. Recipient-Directed Transfers are debited from your Funding Account when claimed by the Recipient. Transfers other than Recipient-Directed Transfers that are initiated after 9:00 pm CST or on non-processing days (such as weekends or Federal bank holidays) will be debited from your applicable Account on a same-day basis, but transmission of the Transfer to the Recipient will not be initiated until the next processing day.

Payment Methods. You may select one of the following three options when you elect to send funds through Popular People Pay: (i) transfer to the Recipient's bank account ("Transfer to Bank Account"); (ii) transfer to the Recipient's PayPal account ("Send to PayPal Account"); and (iii) you may request that the service send an email or text message to the Recipient, which enables the Recipient to select his/her preferred payment method from the options (i) and (ii) above ("Recipient-Directed Transfer").

Transfer to Bank Account. If you select the "Transfer to Bank Account" option, you irrevocably authorize us to immediately debit your Funding Account in the amount of the requested transfer (the "Transfer Amount") and to initiate, on your behalf, an ACH transfer in the Transfer Amount to the Recipient's account. The Required Contact Information for a Transfer to Bank Account is the routing number, account number, and account type for the Recipient's bank account.

Send to PayPal Account. If you select the "Send to PayPal Account" option, you irrevocably authorize us to immediately debit your Funding Account in the Transfer Amount and to transmit a message to PayPal instructing PayPal to contact the Recipient using the Required Contact Information that you provide. The Recipient will receive a message from PayPal instructing the Recipient to log into his/her PayPal account to accept the funds. If the Recipient does not have a PayPal account, the Recipient will receive a message from PayPal instructing the Recipient regarding how to establish a PayPal account. The Transfer will expire if the Recipient does not log in to his/her PayPal account (and, if necessary, establish a PayPal account) within thirty (30) days. If the Transfer expires, the Transfer Amount will be credited back to your Funding Account. The Required Contact Information for Send to PayPal Account is the Recipient's email address used on the PayPal Account.

Recipient-Directed Transfer. The Recipient will receive an email or text message with instructions for how to claim the payment. The Recipient may elect whether to receive the payment by ACH transfer, or PayPal account transfer and the Recipient will be required to provide the necessary information to allow us to complete the trasaction. The payment will not be debited from your Funding Account until the payment is claimed by the Recipient. The Transfer will expire if it remains unclaimed for ten (10) days. You must provide the following Required Contact Information to initiate a Recipient-Directed Transfer: (i) Recipient name and (ii) Recipient mobile phone number or Recipient email address. You will not be provided with access to the account information provided by the Recipient.

- Payment Limits. The following limitations apply to Transfers that you send using Popular People Pay:

Transfer to Bank Account. $1,000 per transaction/$1,000 daily

Send to PayPal Account. $1,000 per transaction/$1,000 daily

Recipient-Directed Transfer. $1,000 per transaction/$1,000 daily

You may only send a maximum of $1,000 a day in Transfers across all payment types.

- Insufficient Funds. You are responsible for ensuring that your applicable Account contains sufficient funds to fund a requested Transfer. You acknowledge and agree that, in the event that you request a Transfer and there are insufficient funds in your Funding Account to fund such Transfer (an "NSF Transfer") we may, without prior notice to you: (i) decline to process the NSF Transfer, (ii) process the NSF Transfer and create an overdraft to your applicable Account, or (iii) process the NSF Transfer in accordance with the terms of any overdraft protection plan in place between you and us. If, in our sole discretion, we process an NSF Transfer, you hereby authorize us to deduct the amount of such payment from your applicable Account (or any other account you have with us) at any future time. You also authorize us to deduct any applicable non-sufficient funds and overdraft charges that may apply and any fees we incur in attempting to collect the Transfer Amount from you. You authorize us to provide information to any credit reporting agency regarding any NSF Transfer.

- Availability of Funds. You agree that the payments processed through the Popular People Pay service are subject to Reg CC and Popular's Funds Availability Policy Disclosure.

Receiving Funds

Other Popular customers that have enrolled in Popular People Pay, as well as customers of other financial institutions that participate in certain compatible payment services, can transfer funds to you as described in this section (any such customer, a "Sender"). The financial institution (whether Popular or another financial institution) that the Sender uses to send funds to you is described in this section as the "Sending Financial Institution." You are required to validate an email address or mobile number in order to receive funds in Popular People Pay. Funds may be transferred to you by any of the following methods:

- Transfer to Bank Account. A Sender may transfer funds directly to your applicable Account(s). The Sender must provide your routing number and account number to the Sending Financial Institution in order to transfer funds to your applicable Account(s). Funds will be made available to you in accordance with our standard funds availability policy for incoming electronic transfers.

- Send to PayPal Account. A Sender may transfer funds to your PayPal account. The Sender must provide your email address to the Sending Financial Institution in order to transfer funds to your PayPal account. If you have a PayPal account, you will receive an email from PayPal advising you that funds have been transferred to your applicable Account. If you do not have a PayPal account, you will receive an email from PayPal providing instructions regarding how to establish a PayPal account. If you do not establish a PayPal account within thirty (30) days of receiving the email from PayPal the transfer will expire and the funds will be returned to the Sending Financial Institution. If you have any questions about a transfer that you have received, you may call us at 1-800-377-0800, contact us electronically by sending a message through Popular's electronic message center made available in Popular Online Banking, or write to us at Popular, P.O. Box 4906, Miami Lakes, FL 33014.

- Recipient-Directed Transfer. If the Sender elects to allow you to indicate how you wish to receive funds, you will receive an email or text message with a claim code notifying you of the transfer. You will be directed to a website to claim your transfer. At the website, you will be prompted to enter the email address or mobile phone number used to provide the notification, and the claim code contained within the notification. You will then be presented with options for claiming your transfer. The Sender must provide your email or mobile number in order for the claim code to be transmitted to you.

f. Mobile Cash ATM Withdrawal at Popular ATMs Using a Mobile Device. These terms govern cash withdrawals at designated Popular ATMs using an applicable mobile device ("Mobile Cash ATM Withdrawal"). Mobile Cash ATM Withdrawal permits you to withdraw cash from certain Popular ATMs (as determined and specified by us from time to time) through the Popular retail banking application (Popular Mobile app) and using a compatible mobile device that is enabled to effectuate such Mobile Cash ATM Withdrawal. If you have an active, eligible Popular MasterCard debit card with a checking account with only one active debit card, and have also properly downloaded, installed and activated the Popular retail banking application on your applicable mobile device, Mobile Cash ATM Withdrawal will be enabled and may be used to withdraw funds only at designated Popular ATMs, as specified by us from time to time. When you sign into the Popular retail banking application to access your applicable Account(s) on your applicable mobile device and select "Mobile Cash", your eligible account(s) for Mobile Cash ATM Withdrawals will appear for your selection. The limitations and restrictions on the frequency or dollar amount of ATM cash withdrawals for your applicable Popular MasterCard debit card set forth in the applicable agreements, disclosures and/or terms and conditions governing your Popular Community Bank MasterCard debit card(s) and applicable Account(s) will apply to any Mobile Cash ATM Withdrawals made using your applicable mobile device to the same extent as any ATM cash withdrawals made using your applicable Popular Community Bank MasterCard debit card, which will be aggregated together for purpose of such dollar amount and/or frequency limits and restrictions. For example, if the daily ATM cash withdrawal limit for your Popular Community Bank MasterCard debit card is $1,000 and you insert or swipe such debit card at an ATM and withdraw $500 from your applicable Account, then you will only be able to withdraw a maximum of $500 utilizing Mobile Cash ATM Withdrawal from your applicable Account on that same day.

Your Liability for Mobile Cash ATM Withdrawals at Popular ATMs Using a Mobile Device. You authorize us, without any further inquiry, to charge your applicable Account(s) for any and all Mobile Cash ATM Withdrawals at applicable Popular ATMs initiated through the use of your applicable mobile device, and you agree that you are and will be at all times fully liable for all such Mobile Cash ATM Withdrawals and, except as otherwise prohibited or restricted by applicable law, you waive any claims against, and release Popular, from any and all liability relative to any Mobile Cash ATM Withdrawal activity on your applicable Account(s). The procedures for handling errors on your Account statement(s) or unauthorized transactions, and your liability for such errors or unauthorized transactions, in each case relative to Mobile Cash ATM Withdrawals, will be the same as an error or unauthorized transaction relating to the use of a Popular MasterCard debit card issued by us, and are set forth in the Personal Banking and Disclosure Agreement.

3. SERVICES EXCLUSIONS: Services whose enrollment is completed through Popular Online Banking are not available through the "Mobile Only" enrollment process. These services include Bill Pay, Popular People Pay, account alerts and electronic statements. To enroll in these services, you must complete a separate Popular Online Banking enrollment by visiting www.PopularBank.com.

4. Any applicable fees assessed in connection with the Services described in this User Agreement are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Popular. You are solely responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. For more information and applicable terms relative to Text Banking, please refer to our Terms and Conditions for Text Message Alerts.

5. The Services described in Section A of this User Agreement are provided by Popular Bank and not by any other third party. You are solely responsible for any content that you transmit to us through any text messages.

6. By using the Service, you have accepted and agreed to be bound by all operational rules and general terms and conditions governing the Services, including without limitation all the following paragraphs, and to pay any applicable fees associated with the use of the Service. You likewise agree to be bound by any and all applicable laws, rules, regulations and official issuances applicable to the Services, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which we may make available to you in connection with the Service.

7. We have the absolute discretion to make the Service available to you. We have the discretion from time to time to determine the scope of the Service, set or change the daily cut-off time, modify, restrict, withdraw, cancel, suspend or discontinue any or all of the services without notice or responsibility to you and without giving any reason therefore to the maximum extent permitted by applicable law. You understand that by using the Service after any modification or change has been effected, you have agreed to any such modification or change. We shall not be liable to you if you are unable to gain access to the Services. Please refer to the Popular Online Banking Service Agreement for additional details and limitations. You understand that while the Services are available 24-hours a day, some or all of the Services offered may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control.

8. You are solely responsible for keeping your applicable username, password and other access/account information relative to the Services secret and confidential, and you shall not disclose such information to any unauthorized person and shall take all steps necessary to prevent discovery of such information by any unauthorized person. You shall inform us as soon as reasonably practicable if you know or suspect that someone else knows such information or that unauthorized transactions have taken place and if you fail to do so you may be liable for any unauthorized transactions made. You must promptly examine your statements upon receipt and if you discover any discrepancies, omissions, inaccuracies or incorrect entries, you must immediately contact us. You may be liable for all losses prior to your reporting any discrepancies, omissions, inaccuracies or incorrect entries or if you act fraudulently or with negligence, including failing to properly safeguard your Account(s) and/or the Service access information or immediately reporting any unauthorized transaction made. Please refer to the Popular Online Banking Service Agreement for additional details.

9. To the maximum extent permitted by applicable law, you agree that we shall not be liable for, and you agree to hold harmless and indemnify, and keep us indemnified, from and against any and all proceedings, suits, penalties, fines, liabilities, claims (including, without limitation, any claims of any third party, including relating to a Transfer in connection with Popular People Pay), losses, damages or expenses (including legal costs) arising from or in connection with the use or misuse of the Services, including, but not limited to, as it relates to any applicable law or regulation of any jurisdiction, regional or international authority from where the Service is accessed and/or the terms and conditions prescribed by the relevant internet service provider or information service provider in such country of access, any law or regulation of any jurisdiction, regional or international authority which governs any use or misuse of any component of the Service, any relevant internet service provider or information service provide or system, any loss or damage caused by any act or omission of any relevant internet service provider or information service provider or network provider occasioned by any access to the Service, any loss or damage caused by any modification, alteration, upgrade or termination of the Service, any access (or inability or delay in accessing) and/or use of any browser which we provide to allow access to the Service, any errors or omissions in the information and materials contained in any of our websites and/or any delay or failure in any transmission, dispatch or communication facilities. Please refer to the Popular Online Banking Service Agreement for additional details.

10. To the maximum extent permitted by applicable law, you agree that, subject to the provisions herein, if we are found liable for any act or omission for any reason whatsoever, our liability shall be limited to the amount of the relevant transaction or your actual damages whichever is less, and we shall not be liable to you in any manner, including for any indirect, special, punitive, or consequential loss or damages, arising in any way out of the use or misuse of the Services.

11. We shall use reasonable effort to ensure that the Service is secure and cannot be accessed by unauthorized third parties. However, we do not warrant the security, secrecy or confidentiality of any information transmitted through any relevant Internet service provider, network system or such other equivalent system in any jurisdiction via the Service. You shall notify us immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from the customer terminal immediately. Please refer to the Popular Online Banking Service Agreement and the Terms and Conditions of Use for Online Banking for additional details.

12. When through the Service we provide you with any information, you acknowledge and agree that we do not thereby warrant the accuracy and completeness of any such information. We likewise do not warrant the accuracy, adequacy or completeness of any information contained in any applicable Popular website or webpage.

13. In case any Account which is accessible through the Service is a joint Account, you shall be fully liable and responsible for the liabilities and obligations of the other account holder(s) or partner(s) howsoever arising on a joint and several basis.

14. In the event of suspension or cancellation, the Service may be reinstated at our sole discretion and we reserve the right to impose a reinstatement charge as we deem fit. We likewise reserve the right to impose a fee for the Service at our absolute discretion at any time without your prior consent.

15. You hereby authorize the transfer, disclosure and communication of any information relating to your Accounts, or any information thereon, or any of your properties or investments with Popular Bank to any of the offices, branches, subsidiaries, affiliates, agents and representatives of Popular Bank and third parties selected by any of them, wherever situated, for use (including in connection with the provision of any service or product relating to your accounts, properties or investments and for data processing and storage, customer satisfaction surveys, anti-money laundering monitoring, review and reporting, statistical and risk analysis and risk management purposes). In addition to the foregoing, Popular Bank and any branch, subsidiary, affiliate, agent, representative or third party may transfer and disclose any such information as may be required by any law or regulation. The foregoing constitutes your written consent for any transfer, and disclosure of information relating to your accounts, properties and investments for the purposes indicated above and under applicable laws, rules and regulations. You agree to hold Popular Bank free and harmless from any liability that may arise from any transfer, disclosure or storage of information relating to your accounts, properties or investments. If you do not wish to receive telephone and/or mail solicitations, you may notify us in writing or by calling the Customer Care Center at 1-800-377-0800.

16. You acknowledge that all proprietary rights relating to or in connection with the Service (including without limitation any applicable Popular website or webpage) and all updates thereof, including without limitation trademark, trade name, service mark, patent and copyright, shall at all times vest and remain vested in us or the applicable owner of such intellectual property. The Service uses proprietary software of Popular Bank, other Popular, Inc. affiliates and/or other software and third party suppliers or licensors, as the case may be. You agree that we have granted you, as applicable, a non-exclusive license to use this software in connection with the Service, which allows you to use such software only for its intended purposes. You shall not disassemble, decompile, copy, modify or reverse engineer any such software or allow anyone else to do so. The Service uses proprietary software of Popular, other Popular affiliates and other software suppliers. You agree that we have granted you a non-exclusive license to use this software in connection with the Service which allows you to use such software only for its intended purposes. You shall not disassemble, decompile, copy, modify or reverse engineer any such software or allow anyone else to do so.

17. You understand that any access to the Service will be effected through the relevant internet service provider or network provider in the country from where such service is accessed, and to this extent such access will also be subject to and governed by the relevant laws and regulations of that country and any terms and conditions prescribed by such relevant internet service provider or network provider in separate agreements with you. You shall be responsible for all telephone charges and charges by any internet service provider incurred in connection with the use of the Service. You represent to the best of your knowledge that the customer terminal and any other computer or network system through which access may be affected are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs. You agree that neither we, nor any of our officers and employees or any branch, affiliate or subsidiary of Popular Bank is responsible for any electronic, mechanical, data failure or corruption, computer viruses and bugs or related problems that may be attributable to the services provided by any relevant internet service provider or information service provider. Please refer to the Popular Online Banking Service Agreement and the Terms and Conditions of Use for Online Banking for additional details.

18. This User Agreement shall be governed by and construed in accordance with the laws of the State of New York.

19. You acknowledge that your access to the Services via the use of your cellular phone, smart phone, PDA, tablet or other mobile device shall be limited only to: viewing of your Account Summary and Account Details, Mobile Check Deposits (Popular Mobile Check Deposit), Bills Payment (Bill Pay), Person to Person Payments (Popular People Pay), Funds Transfer and inquiring on Popular's latest products, promotions, services and branch locations.

20. You consent to the transmission of communications through the Internet, and acknowledge that the Internet and use of mobile devices to conduct banking transactions is not necessarily a secure communications and delivery system, and understand the risks associated with it (among others, confidentiality, security, tampering and unauthorized use). You agree to waive any rights to the extent applicable under any and all applicable laws.

21. By pressing the "I Agree" button upon access to Popular Mobile Banking, you acknowledge that you have read and understood this User Agreement, and you agree unconditionally to be bound by the terms and conditions of the User Agreement and all amendments, revisions and additions which we may at our absolute discretion effect from time to time. THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION, INCLUDING THIS USER AGREEMENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POPULAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LICENSE, INCLUDING ANY SOFTWARE LICENSE, GRANTED BY ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

2. License. Subject to the terms and conditions of this User Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this User Agreement. All rights not expressly granted to you by this User Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard copy documentation, technical support, telephone assistance, or updates to the Software. This User Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (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.

4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. 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 OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, 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, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 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 this User Agreement.

7. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.