IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION ("ARBITRATION" SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
Welcome to Tumoni! The following account agreement contains important disclosures and information on how your account works. You can access this information any time by visiting the Tumoni website.
Here is Tumoni Customer Service information in case you have any questions about this account agreement –
Mailing Address: 2261 MARKET STREET STE 86264, SAN FRANCISCO, CA, 94114, United States Support Email: help@tumoni.com
Website: www.tumoni.com
Customer Service Phone Number: +1 (888) 450-8060
This agreement contains the Consumer Deposit Account Agreement (the "Agreement") related to the non-interest bearing demand deposit account ("Account") made available by Transportation Alliance Bank, Inc. dba TAB Bank, a state bank chartered under the laws of Utah ("Bank"), member of the Federal Deposit Insurance Corporation ("FDIC") on behalf of Tumoni ("Tumoni"), the program partner responsible for managing the Account and providing customer service to you. "You," "your," and "Account Owner" refer to the owner of the Account.
You may submit a request to open an Account by using Tumoni's mobile banking application (the "Mobile App"). Bank may refuse to process any transaction(s) that it believes may violate the terms of this Agreement or applicable law.
By providing a written or electronic signature on a signature card or opening, or continuing to hold an Account with Bank, you agree to the most recent version of this Agreement, which is available to you at the Website, or by contacting Customer Service.
Bank's privacy policy is available at https://www.tabbank.com/privacy-policy/ and is considered part of this Agreement.
Bank's business days are Monday through Friday, excluding federal holidays.
The Account is available to the following consumers who are of the age of majority:
a) U.S. Person or resident with (1) a social security number or taxpayer identification number (TIN) and (2) a US Government-issued ID
b) Non-U.S. Person permanently residing in the U.S. or non-permanently residing in the U.S., in each case with one of each of (1) A taxpayer identification number (TIN); Passport; Foreign government-issued identification card bearing a photograph evidencing nationality or residence; and (2) An official document that corroborates their residential address.
You must agree to accept electronic, rather than paper statements. Your acceptance of electronic statements means; (i) you must keep Bank and Tumoni supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end of-year tax forms and electronic statements).
Bank may use information from third parties to help Bank determine if Bank should open your Account.
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, BANK WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW BANK TO IDENTIFY YOU. BANK MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
The Account consists of a non-interest-bearing online transaction demand deposit account to hold deposits and used to make payments and transfers to third parties online. The Account also includes the use of a debit card to make payments and transfers to third parties ("Debit Card"). Use of the Debit Card is subject to additional terms and conditions contained in a Cardholder Agreement, which is available at (Adding Banks documents here upon confirmation by the Bank)To the extent that both this Agreement and the Cardholder Agreement apply to your relationship with Bank, they shall be read as a single, integrated agreement.
When Bank receives funds that you deposit to your Account, the funds will be held and accounted for so as to be eligible for FDIC insurance, subject to applicable limitations and restrictions of such insurance. Bank may place your deposits with program banks as part of Bank’s deposit sweep program. Your deposits at each program bank become eligible for FDIC insurance up to $250,000, inclusive of any other deposits you may already hold at that bank in the same ownership capacity.
An Account may only be owned and titled in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds. The Account cannot be owned or titled jointly, by an organization, as Payable on Death ("POD") or "In Trust For" ("ITF").
You or your appointed party, designee, or appointed individual agree to notify Bank promptly if you become legally incapacitated, are deemed incompetent, or die. Bank will continue to accept deposits and process transaction instructions into and from your Account until Bank: (i) is notified of your death or adjudication of incompetency and (ii) has a reasonable opportunity to act. You agree that, even if Bank has knowledge of your death it may pay or process transactions on your Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. Bank may require additional documentation to confirm any claims made on the Account.
Bank may, but is not required to, honor your orders and instructions to give another person authority to make transactions on your Account by giving power of attorney to another individual. The account owner and person executing power of attorney over a deposit account is known as the "Principal." The person granted Power of Attorney for the Principal is known as the "Agent." Bank may refuse to accept a power of attorney for reasonable cause, and Bank may require the Agent to sign an affidavit stating that the power of attorney presented to Bank is a true copy and that, to the best of the Agent's knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide Bank with any information if an affidavit presented to Bank is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify Bank in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until (i) Bank receives written revocation from the Principal; (ii) Bank receives written notification of the Principal's death, or (iii) Bank receives written notification of the death or incapacity of the Agent.
This Agreement and the deposit relationship do not create a fiduciary relationship with Bank.
At Bank's request, you agree to defend, indemnify, and hold harmless Bank, Tumoni and each of their respective parents, subsidiaries, and other affiliated companies, Bank and their employees, contractors, officers, and directors (collectively, the "Indemnified Parties") against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) (collectively, "Losses") that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. Bank and Tumoni reserve the respective right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
The Account and your obligations under this Agreement may not be assigned. Bank may transfer its rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Bank does not waive its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Utah.
The maximum account balance allowed is $50,000.00. Deposits above this limit may be rejected. You may make deposits to your Account using any of the following methods and subject to the limitations stated in the table below:
Account and Card Spending Limits:
* Your account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient's name on any direct deposit(s) Bank receives must match the name of the accountholder. Any direct deposits received in a name other than the name registered to the Account may be returned to the originator.
** THIRD PARTY MONEY TRANSFER services used to load funds to your Account may impose their own terms and conditions, including fees, per transaction, daily, weekly, or monthly limits on the frequency or amount of cash you may load to the Account.
*** Certain customers may be eligible for higher transfer limits based on Account history, at our discretion. New Accounts open less than thirty (30) days or Accounts with a Debit Card that has not been activated will be limited to a single transfer.
IMPORTANT: IF YOUR ACCOUNT NUMBER CHANGES, YOU MUST IMMEDIATELY NOTIFY THE DEPOSITOR OF FUNDS. YOU MUST PROVIDE THEM WITH THE NEW ACCOUNT NUMBER TO ENSURE THAT THE FUNDS ARE PROPERLY CREDITED TO YOUR ACCOUNT AND THAT DIRECT DEPOSIT ACTIVITY CONTINUES UNINTERRUPTED.
Overpayments and Reversals. If funds are deposited or transferred into your Account by mistake or otherwise, Bank may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See Section 2.4 "No Overdrafts" and Section 2.5 "Right to Set Off" below for more information about what could occur if your Account has a negative balance.
Bank is not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by Bank.
- Cash – Except for cash loads accepted through third-party money transfer services, Bank does not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address Bank has for you on file.
- Paper Checks – Except through the Check Deposit Services (defined in Section 4 below), personal checks, cashier's checks, and money orders may not be deposited into your Account. Except as expressly provided for in this Agreement, all checks and money orders sent to Bank for deposit will be returned to the address Bank has for you on file.
- Foreign Currency - Bank does not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address Bank has for you on file.
You are not permitted to overdraw your Account. If the available balance in your Account is insufficient to cover any payment or withdrawal you have authorized, Bank may refuse to process the payment or withdrawal. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with Bank, Bank reserves the right to exercise Bank's right to set off. See Section 2.5 "Right to Set Off" below for details. If your Account has a negative balance for thirty (30) calendar days or more it will be closed. In the event you fail to pay the amount of any overdraft and Bank refers your overdrawn account to an attorney for collection, you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney's fees and court costs incurred by Bank as a result of your account being overdrawn.
If your Account balance becomes and remains negative, Bank can use the funds in any of your accounts to repay the amount owed on the negative balance Account without further notice to or demand on you. This means Bank has the right to set off any liability, direct or contingent, past, present or future that you owe against any account you have with Bank. Further, you grant Bank a lien on and security interest in the funds on deposit in each of your account(s) as security for the entirety of your liabilities and obligations to Bank, now or in the future.
If legal action such as a garnishment, levy or other state or federal legal process ("Legal Process") is brought against your Account, Bank may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has first claim to any and all funds in your Account for your liability under this Agreement. Bank will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines to be appropriate in the circumstances without liability to you, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bank. You agree that you are responsible for any expenses, including legal expenses and fees Bank incurs due to any Legal Process on your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any Losses if it does this.
If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require Bank to report the funds in your Account as unclaimed property. If this occurs, Bank may try to locate you at the address shown in Bank's records. If Bank is unable to locate you, Bank may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.
Bank's business model is designed to deliver notices to you electronically in accordance with Bank's Electronic Communication Agreement available here https://www.tumoni.com/en-us/legal.
Statements will be sent to the email address you provided upon opening your Account, or will otherwise be made available to you on Tumoni's Mobile App on a periodic basis at approximately monthly intervals if you have transacted on your account or quarterly if no transactions have occurred unless Bank specifies to you another interval period when you open your account or thereafter. The Account statement will describe each item by item number (where appropriate), amount, and date of debit or credit.
Electronic statements are available to view and print from the Tumoni Mobile App. Account statements are considered to be correct. Carefully review your statement each statement cycle and notify Tumoni of any errors within sixty (60) days of your statement becoming available.
Accounts open for less than thirty (30) days may be limited in functionality. You may also not be eligible to use certain features until the Tumoni Debit Card has been activated and the Account has been open for at least thirty (30) days. In addition, certain transfer limits may be lower during this time as indicated in Section 2.1 "Funding Your Account," and Section 3 "ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS".
You may not use your Account for online gambling or any illegal transactions. Bank may refuse to process any transaction that it believes may violate the terms of this Agreement or applicable law. You acknowledge and agree that Bank has no obligation to monitor, to review or to evaluate the legality of your transactions. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.
Your Account number and bank routing number can be used for preauthorized direct debits ("ACH Debit(s)") from merchants, internet service or other utility service providers ("Merchants") and for the purpose of initiating direct deposits ("ACH Credit(s)") to your Account.
Note: The recipient's name on any direct deposit(s) or ACH Credit(s) Bank receives must match the name on the Account. Any direct deposits received in a name other than the name registered to the Account may be returned to the originator.
Cut-off Time - The cut-off time for scheduling next day ACH transfers is 3 pm CST. The cut-off time for scheduling same day ACH transfers (if enabled on your Account) is 3 pm CST. Any next day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. Any same day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled as next day ACH transfer. In some circumstances, transactions may be delayed for risk or compliance reasons.
At the Bank's discretion, the amount of funds that can be transferred from your account per day may be limited.
The following terms are used to describe Electronic Funds Transfer ("EFT") services. "Automated credits" or "direct deposits" are deposits made to your Account by electronic means. "Automated payments" indicate payments authorized by you to be made from your Account by electronic means.
When you authorize transfers to or from your Account, you agree to these terms and conditions.
Types of Electronic Funds Transfers Available:
Limitations on Transfers, Amounts and Frequency of Transactions:
Right to Receive Documentation of Electronic Funds Transfers:
Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So
If you scheduled a one-time ACH transfer or recurring ACH transfers using a written authorization form, you may be able to cancel the transaction or stop any of these payments. Here's how:
To stop a recurring ACH transfer you preauthorized through Tumoni, if you are unable to cancel the transaction on the Mobile App, please call Tumoni at Customer Service to request cancellation of the recurring payment.
To stop payment, first try to cancel the transaction on the Mobile App; and, if you are unsuccessful, call or otherwise contact Customer Service. Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e. one (1) recurring payment. If you want to permanently stop all recurring payments to a specific receiver of a transfer, you will be required to put your request in writing to Customer Service within fourteen (14) days after your notification to stop such payments. You will need to provide: the name of the payee, the dollar amount of the payment and the date of the payment. If written stop payment notification is not received within fourteen (14) days, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.
Notice of Varying Amounts
If the recurring ACH transfers you make might vary in amount, the person or company you are going to pay should tell you how much the payment will be ten (10) calendar days before each payment is made.
If you order Tumoni or Bank to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, and Bank/Tumoni does not do so, Bank will be liable for your losses or damages.
Contact Customer Service immediately if you believe your Account number has been stolen. Telephoning is the best way to minimize your possible losses.
If you believe your Account number has been lost or stolen, or that someone has transferred or may transfer money from your Account without your permission, contact Customer Service. If you notify Customer Service within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used your Account without your permission. If you do not notify Customer Service within two (2) business days after you learn of the loss or theft of your Account number and Tumoni or Bank can prove that it could have stopped someone from using your Account without your permission if you had notified Customer Service in time, you could lose as much as $500.00.
Also, if you become aware of and/or your statement shows transactions that you did not make, notify Customer Service at once following the procedures stated in the Section 3.6 below labeled "Information About Your Right to Dispute Errors". If you do not notify Customer Service within sixty (60) days after you become aware of the transaction(s) and/or the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if Tumoni and/or Bank can prove that it could have stopped someone from taking value if you had notified Customer Service in time. If a good reason (such as a long trip or a hospital stay) kept you from telling Customer Service, Tumoni and/or Bank will extend the time periods. If your Account number has been lost or stolen, Tumoni will close Account to keep losses down and issue you a new Account number.
If your Account changes you must immediately notify your employer or any other payors or merchants. You must provide them with your new Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.
If Bank does not properly complete a transaction from your Account on time or in the correct amount according to Bank's Agreement with you, Bank will be liable for your losses or damages. However, there are some exceptions. Bank will not be liable, for instance:
In case of errors or questions about your electronic transactions, requests for information about a transaction listed in the statement or receipt, or if you think your statement or receipt is wrong, contact Customer Service. Bank must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your Account, if the error could be viewed in your electronic history, or the date Bank sent the FIRST written history on which the error appeared. You will need to provide:
If you provide this information orally, Bank or Tumoni may require that you send your complaint or question in writing via email within ten (10) business days.
Bank (or Tumoni on Bank's behalf) will determine whether an error occurred within ten (10) business days after hearing from you and will correct any error promptly. If Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question. If Bank decides to do this, your Account will be credited within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If Bank asks you to put your complaint or question in writing and you do not provide it within ten (10) business days, Bank may not credit your Account.
For errors involving new Accounts, point-of-sale transactions or foreign-initiated transactions, Bank may take up to ninety (90) days to investigate your complaint or question. For new Accounts, Bank may take up to twenty (20) business days to credit your Account for the amount you think is in error.
Bank will tell you the results within three (3) business days after completing the investigation. If Bank decides that there was no error, Bank will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting Customer Service. If you need more information about Bank's error-resolution procedures, contact Customer Service.
Electronic Fund Transfer Services described in this Section 3 do not include wire transfers and any transactions that are not covered by Consumer Financial Protection Bureau Regulation E.
As defined in the Check Clearing for the 21st Century Act ("Check 21"), a "check" is a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection or return, including substitute checks (see below) and travelers checks.
You can only deposit checks into the Account using the mobile check deposit services (the "Check Deposit Services," as further described herein) and only as made available in connection with your Account and in accordance with the terms of this Agreement.
For purposes of clarity, you are only permitted to deposit checks into your Account in the manner described in this Section 4, you are not able to write checks drawn against your account.
Federal rules for Check 21 allow banks to replace original checks with "substitute checks," as defined in Check 21. Below are the details and your rights related to substitute checks.
To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your Account. However, you have rights under other laws with respect to those transactions.
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (45) days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your Account.
If you believe that you have suffered a loss relating to a substitute check that was posted to your account, please contact us at one of the methods listed above. You must contact us within forty (40) days of the date that we delivered the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
Substitute checks should only be generated by banks during the check collection process. If you deposit a substitute check that was not generated or previously handled by us, you agree to provide the substitute check warranties as required by Check 21, and represent that the substitute check:
A breach of any Check 21 warranty may result in the substitute check being charged back against your account.
The Check Deposit Services allow you to make deposits to your Account from a compatible mobile device by scanning or photographing checks and delivering the images and associated deposit information to us or our designated processor. By using the Check Deposit Services, you agree to comply with all applicable laws and regulations and clearinghouse rules that apply to remote deposit check capture processing and ACH transaction processing.
Accountholders adhering to all requirements described herein may be eligible to use the Check Deposit Services. Not all Accounts are eligible for the Check Deposit Services. We may terminate your use of the Check Deposit Services at any time at our sole discretion. You may also stop using the Check Deposit Services at any time. However, any images or information transmitted through your use of the Check Deposit Services will continue to be subject to this Agreement after termination. We may change our eligibility criteria at any time with or without notice to you.
To use the Check Deposit Services, you must have an internet-enabled iOS or Android device with a camera and have downloaded our latest version of the Mobile App containing the Check Deposit Services functionality.
You agree that the only images you will scan or capture and deposit ("transmit") to your Account through use of the Check Deposit Services will be Eligible Items. “Eligible Items” include paper items that are defined as "checks" or "certified checks" under Federal Reserve Regulation CC and other paper items not otherwise prohibited by this Agreement. You agree that images deemed to be Ineligible Items (see below) may not be transmitted to your Account and will be rejected by us. You further agree that the image of the Eligible Item transmitted to us will be deemed an "item" within the meaning adopted in the Uniform Commercial Code of the State of Utah.
You agree you will not use the Check Deposit Services to scan or deposit images of items that:
These items, collectively, are "Ineligible Items" under this Agreement, and they are not eligible for deposit into your Account via the Check Deposit Services.
4.9 Image Capture, Transmission, Processing and Payment
All images you transmit to us using the Check Deposit Services must comply with the technical requirements we may specify from time to time (the "Technical Requirements"). You are responsible for all expenses you incur to meet the Technical Requirements. We reserve the right to change the Technical Requirements at any time without prior notice.
You are responsible for reviewing and validating the accuracy and completeness of any information you transmit to us, including the amount indicated on the item and the legibility of the image transmitted. You will only submit check images that meet our quality standards. You will not transmit an image or images of the same check to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with us or any other party. You will be solely responsible for the selection, use and operation of the mobile device you use to transmit images.
We can attempt to process, collect, present for payment, return or re-present images you attempt to transmit in any way we choose that is allowed by law.
We can also reject any transmission for any reason at our option and without liability. An image will be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was an Eligible Item or accepted.
If an image does not meet our requirements, we can also at our option:
Successfully transmitting an image to us does not mean that your transmission and deposit are complete. All of your images are subject to our further verification prior to being accepted for deposit and payment. Do not destroy the item transmitted as an image until you see the full deposit amount posted when you view your transaction history via the Mobile App.
There may be limitations on the frequency and amount of transactions you can make using the Check Deposit Services. Please refer to Section 2.1 above for information on any transaction limitations that may apply to your use of the Check Deposit Services.
When you transmit an image to us, you will still have possession of the original item. To prevent an additional submission of the item for payment, you are required take the following steps:
You should not deposit or attempt to cash the item after transmitting the image to us.
You acknowledge that items transmitted using the Check Deposit Services are not subject to the funds availability rules contained in Regulation CC. Funds deposited using the Check Deposit Services will ordinarily be made available to you for withdrawal within five (5) business days after the day you make your deposit. See below for information concerning how we determine the day your deposit is made. We may make such funds available sooner or later based on the length and extent of your relationship with us, transaction and experience information, and other security and risk-related factors as we, in our sole discretion, deem relevant.
If you successfully transmit an image to us before the cut-off time for the Account on a business day that we are open, we will consider that day to be the day of your deposit. After that time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open. See Section 5.3 for cut-off times.
You agree to notify us of any suspected errors regarding items transmitted through the Check Deposit Services right away, and in no event later than sixty (60) days after the first Account statement on which the error appears is made available to you. Unless you notify us of an error within sixty (60) days after the applicable Account statement is made available to you, all deposits made through the Check Deposit Services that appear on that statement will be deemed correct and we will have no obligation to investigate any claim of error you make.
We can charge back your Account or any other deposit account you have with us for the amount of any item, its image or any other representation of an item that is:
This is true even if you have made withdrawals against any amount we have credited to your Account for the deposited item that was returned or rejected.
We can also charge fees connected to the chargeback as described in your Account Agreement and any other agreements you have with us.
There may be fees associated with your use of the Check Deposit Services. Please refer to the section on fees above for all fee information.
You are responsible for protecting your mobile device against unauthorized use as well as any Losses from unauthorized access. You will protect your mobile device, set up strong passwords and take other reasonable security precautions to protect your mobile device from unauthorized use. Always keep your passwords secret and remember that neither we nor any of our employees or agents will ever ask for your password. If you receive a communication from anyone requesting that you provide your password, do not respond. We are not responsible for any of these security precautions. If another person uses the Check Deposit Services with your mobile device, you will be responsible for their actions on the Account as well as anyone else they allow to use your mobile device. This will be true even if you did not want, or agree to, their use.
If your mobile device is lost or stolen, or if you believe there has been unauthorized activity involving the Check Deposit Services, tell us immediately by contacting us as specified above and promptly change your password.
The Check Deposit Services might not be available from time to time due to maintenance, technical problems or other reasons. We are not responsible if the Check Deposit Services are not available. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur.
We reserve the right to change, suspend, discontinue, or limit your use of the Check Deposit Services, in whole or in part, immediately and at any time without prior notice to you.
You agree that we and our service providers, as applicable, retain all ownership and proprietary rights in the Check Deposit Services, associated content, technology, and website(s). Your use of the Check Deposit Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Check Deposit Services. Without limiting the restriction of the foregoing, you may not use the Check Deposit Services:
You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Check Deposit Services.
You will indemnify, defend, and hold the Indemnified Parties, and any of our services providers responsible for administering the Check Deposit Services, harmless from any and all Losses imposed on or sustained, incurred or suffered by any of the Indemnified Parties or any of our services providers responsible for administering the Check Deposit Services, whether actual or threatened or proven or not, in respect of any and all Claims, without regard to the merit or lack thereof, arising from or related in any way to (a) your breach of the Agreement, (b) a return of a check deposit made using the Check Deposit Services due to incomplete or incorrect information provided, a closed account, or insufficient funds, or (c) fraudulent activity.
YOU AGREE YOUR USE OF THE CHECK DEPOSIT SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES, INCLUDING OUR SERVICE PROVIDERS) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS”, "WHERE IS", AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) PROVIDE ACCURATE OR RELIABLE RESULTS.
You agree that neither we nor any service provider we use to facilitate the Check Deposit Services will be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including damages for loss of profits, goodwill, use, data or other Losses resulting from the use or the inability to use the Check Deposit Services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of the Check Deposit Services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.
We may terminate your access to the Check Deposit Services for any or no reason, including due to your material breach of this Agreement, your fraudulent actions or omissions with respect to your use of the Check Deposit Services, if you become insolvent or file for bankruptcy, or if there is a change in the clearinghouse rules that govern your use of the Check Deposit Services.
Information contained in this Section 5 is provided to assist you in understanding the Bank's Funds Availability Policy. Bank makes funds available according to the type of deposit and when the funds are applied or credited to your Account. Some types of deposits may not be available for immediate use. When Bank delays the availability of funds or places a hold on a deposit made to your Account, you may not withdraw those funds, and Bank will not use them to pay any debits, such as ACH transfers or payments, or, if available, transactions using your Debit Card during the hold period. Bank has the right to refuse any deposit.
If final payment is not received on any item you have deposited into your Account, or if any direct deposit, ACH transfer credit is returned to Bank for any reason, you agree to pay Bank the amount of the returned item.
Once the funds are available, you can withdraw them in cash and/or Bank will use them to pay items presented for payment against your account. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 5 pm MST on a business day that Bank is open, Bank will consider that day to be the day of your deposit. However, if you make a deposit after 5 pm MST or on a day Bank is not open, Bank will consider that the deposit was made on the next business day Bank is open.
Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account.
ACH Credits received from an external bank account will be applied to the Account when Bank has verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.
Electronic transfers depositing into the Account initiated through the Mobile App may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank and/or Tumoni.
Amounts received through Checks deposited via the Check Deposit Services will be made available to you for withdrawal according to the table below.
Bank reserves the right to decide the order of the items Bank will pay and which items will be returned (if any). Bank's posting order may not be the same as the order in which you conducted a transaction and could result in your transaction being denied, if you do not have available funds at the time the item is paid. Generally, Bank posts the following two transaction types (to the extent applicable to your account) after the close of each business day in the following order:
1. Deposits Bank receives before the daily cut-off time will be posted before any withdrawals. (Refer to Bank's cut-off Time and/or Funds Availability section for cut-off time description.)
2. Your withdrawals will be posted in date/time order, based on the date and time associated with each transaction. A date and time (if one is available) will be assigned to each transaction based on one of the following: (1) when the transaction was preauthorized (for example a debit card or ATM transaction was approved); or (2) when the transaction was processed by Bank (for example an ACH, or bill pay transaction for which there is no pre-authorization). If a date and time is not available, these transactions are posted to your Account after all transactions with a valid date and time are complete, and posted to your Account in order of amount, starting with the lowest transaction amount first (frequently referred to as low-to-high).
This is not an interest-bearing account. No interest will be paid on this account. There is no initial deposit required to open an Account. You may deposit any amount you wish when opening the Account.
From time to time, services related to Tumoni and the Account may be inoperative. When this happens, you may be unable to access the Website or Mobile App, and you may be unable to use the Account or obtain information about the Account. Please notify Tumoni if you have any problems using the Account, Website, or Mobile App. You agree that, except as required by applicable law, Tumoni and Bank will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Tumoni or Bank be liable for extended interruptions due to failures beyond Tumoni or Bank's control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
Except as required by applicable law, Bank shall have no liability to you if Bank is unable to complete a transaction for any reason beyond Bank's control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, Bank, Bank's affiliates, and the parties with whom Bank contracts in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the your Account, any products or services purchased using Account, or this Agreement (as well as any related or prior agreement you may have had with Bank). Please refer to Tumoni's terms and conditions agreement for further information.
Any translation of this Agreement is provided for your convenience. The meaning of the terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
For Account service assistance or additional information regarding your Account, please contact Customer Service via the Customer Service contact information provided above.
From time to time, Tumoni or Bank may monitor and/or record telephone calls between you and Tumoni or Bank to assure the quality of Tumoni or Bank's Account service team or as required by applicable law.
Except as otherwise required by applicable law, Bank may amend or change the terms and conditions of this Agreement, including for purposes of testing, adding, or removing any features or functionality of your Account, at any time by posting the amended Agreement on the Website, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available on the Website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, Bank may implement it without prior notice. In addition, where Bank is testing new features and functionality of your Account, certain features may be limited or restricted by Bank during any such testing phase.
Bank may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by contacting Customer Service to close your Account. Your cancellation of this Agreement will not affect any of Bank's rights or your obligations arising under this Agreement prior to cancellation.
If your Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via ACH transfers to one of your external accounts on Bank's records or via check (unless notified otherwise in writing by Tumoni) to the mailing address Bank has in its records. If your Account is closed prior to the end of the statement cycle, any accrued interest earned for that cycle will be forfeited. For security purposes, you may be required to supply identification, external account, and address verification documentation prior to issuing an ACH refund or refund check. Allow fourteen (14) days for processing of such balance return. In the event Tumoni's program is cancelled, closed, or terminated, Tumoni or Bank will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice. Bank reserves the right to refuse to return any unused balance amount less than $1.00.
IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH Tumoni OR WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS ABOUT YOUR ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER THIS SECTION 8.6.
Bank may disclose information to Tumoni and other third parties about your Account or the transactions you make:
Bank is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account.
All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).
Any claim, dispute, or controversy ("Claim") between you and Bank arising out of or relating in any way to this Agreement, your Account, your Card, your acquisition of the Card or Account, your usage of the Card or Account, or transactions on the Card or Account, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Bank will pay the initial filing fee to commence the arbitration.
You and Bank will have every remedy available in arbitration as you and Bank would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator's award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card or Account, or any amounts owed on your Card or Account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
Solely for purposes of this Section 8.10 "Arbitration", "We" or "Us" shall mean Bank, Tumoni, and each of their respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card or Account.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD OR ACCOUNT.
Document effective June 16, 2025.
