Digital Services Agreement: Welcome
Digital Services Agreement: Welcome
Digital Services Agreement: Welcome
Welcome
This agreement governs your use of the digital financial services (“Digital Service(s)”) made available at
www.usbank.com or through our mobile application(s) available on Android or iOS. (the “Agreement”). Availability
of certain Digital Services is dependent on your access device, and some Digital Services may not be available for
use with all account types. Certain terms are defined within this Agreement or in the definitions section at the end
of this Agreement.
This Agreement is revised periodically, and it may include changes from earlier versions. By using
Digital Services, you agree to the most recent version of this Agreement, which is always available to you
online and within our mobile app(s).
Reporting errors
Consumer accounts
Contact us at 800-USBANKS as soon as possible if you think your statement or transaction history is incorrect, or if
you need more information about any transaction listed in your statement or transaction history. We must hear
from you no later than 60 days after we sent the first statement on which the problem or error appeared. When
reporting an error, please be ready to provide all the following:
• Your name and account number.
• A description of the error or the transaction in question. Please explain as clearly as possible why you believe it
is an error, or why you need more information.
• The dollar amount of the suspected error.
If you tell us verbally, we may require that you send your request in writing within 10 Business Days of your verbal
notification. We will tell you the results of our investigation no more than 10 Business Days after you notify us, and
will correct any error promptly. However, if we need more time complete our investigation, we may take up to 45
days. In this case, we will provisionally credit your account within 10 Business Days for the amount you think is in
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error, so you will have use of the money during the time it takes us to complete our investigation. If we ask you to
submit your request in writing and do not receive it within 10 Business Days, we may not provisionally credit your
account. For errors involving new accounts, we may take up to 90 days to investigate your request and up to 20
Business Days to provisionally credit your account for the amount you think is in error. We will tell you the results
within 3 Business Days of completing our investigation. If we decide there was no error, any provisional credit we
provided will be revoked, and you will be responsible for refunding us the full amount of the provisional credit. We
will send you a written explanation of why the claim was denied, and you may request copies of documents used in
our investigation.
Brokerage, business, credit card, and wealth management accounts
In case of errors or questions about any Brokerage, Business, credit card, and Wealth Management Account, please
contact your account/relationship manager or call the number on the back of your card as soon as possible.
Location-based services
If you use any location-based feature (such as Mobile Location Confirmation or our ATM locator) you agree that
your geographic location and other personal information (such as your unique device identifier) may be accessed
and disclosed through the application or service. You may turn off location-based features at any time through the
settings of your mobile device. If you disable location-based services, other features that use your location may
not work until you re-enable location-based services.
Voice banking
Voice banking features allow you to navigate the mobile app, check account balances, and initiate select
transactions using voice commands instead of the on-screen keyboard. Some features may have limited
functionality as we continue to enhance our voice banking services, and we reserve the right to modify voice
banking services without notice.
Be aware of your surroundings as any commands you speak, or audible responses you receive, may be heard
by others. While in a voice banking session, the microphone will only be active after you tap the microphone icon.
The microphone will remain active for seven seconds after activation and may react to any commands captured
during that time – even commands that may not be intended by you. Keep in mind that any commands initiated
during your voice banking session, even if not specifically intended by you, will be presumed to be authorized by
you.
Voice banking features are provided as a convenience to you and are not used to authenticate your identity or
otherwise control access to Digital Services. If you use voice banking features, you are responsible for confirming
the on-screen action matches your request, and that you verify the accuracy of any Payment Instruction you
provide.
Shared access
Shared Access allows you to provide a third party (called a “Shared Access User”) with limited access to eligible
account(s) without sharing your Log-in Credentials. You may add one or more Shared Access Users to each eligible
account(s), and assign a role (defined below) to each Shared Access User. The Shared Access User will use separate
Log-in Credentials to access the account you specify in accordance with the role you assign. Depending on the role
assigned to the Shared Access User, some Digital Services described in this Agreement may be disabled or have
reduced functionality.
You are solely responsible for managing the level of access you provide to a Shared Access User and we are
not responsible for any losses you or others may incur if your Shared Access User exceeds his or her authority
Account alerts
Account alerts are notifications and reminders related to your accounts. Some examples include: low balance alerts,
account statement availability alerts, transactional alerts (such as withdrawals over a specified amount), and credit
card payment alerts. You may choose which account alerts you would like to receive, the account(s) to which the
alerts will relate, and up to three email address or mobile numbers to which the alerts will be sent. You agree to
notify us of any change to your contact information to ensure continued delivery of your account alerts. Message
and data rates may apply, and the message frequency depends on the account settings you select.
Managing your alerts
In addition to permanently deleting an account alert, you may establish “quiet times,” which will suppress alerts
generated during the identified time, or you may deactivate an account alert by changing the status to “inactive.”
Alerts suppressed during the identified quiet times will be presented when the quiet times expire. Inactive account
alerts will be maintained on your list of alerts but will not be presented until the alert status is changed to “active.”
Delivery of alerts
Account alerts will be sent at various times on any day that transactions meeting your specified criteria occur. You
understand and agree that account alerts may not be sent on a “real time” basis and may be sent at the next
scheduled delivery time after the specified transaction event occurs. We reserve the right to change the frequency
or timing of account alerts.
Limitations of account alerts
Account alerts are for informational purposes only and are not intended to replace your account statements or any
other communications we may provide to you regarding your account(s). Some account alerts may be
automatically suppressed if we receive notice that you have filed for bankruptcy or if you have otherwise instructed
us to cease and desist communication with you in relation to collection efforts on your account(s).
Limitations
Restrictions on Trading: You understand that U.S. Bancorp Investments may, in its discretion, prohibit or restrict
the trading of securities, or the substitution of securities, in any of your Brokerage Accounts.
Extraordinary Events: You understand that U.S. Bancorp Investments shall not be liable for loss caused directly or
indirectly by government restrictions, exchange or market rulings, suspension of trading, war, strikes, natural
disasters or any other conditions or causes beyond U.S. Bancorp Investments’ control or anticipation, including, but
not limited to, delays in the transmission of orders due to breakdown or failure of transmission or communication
facilities. You agree to indemnify and hold U.S. Bancorp Investments harmless from any loss, damage or liability
arising out of any transaction in which it acts, directly or indirectly, as your agent, absent any willful or grossly
negligent conduct by U.S. Bancorp Investments.
Fees
While there is no fee for most Digital Services, there may be a fee associated with some enhanced features of Digital
Services. These fees are described within Digital Services when you use such features. Fees may be changed at our
sole discretion, but you will receive notice of these changes in accordance with applicable law. You agree to pay all
such fees associated with Digital Services and authorize us to deduct the calculated amount from the account(s)
you have with us.
You are responsible for any and all other fees and charges that may be assessed by your wireless operator, internet
service provider, or any other third-party provider you may engage.
Other agreements
This Agreement is in addition to other agreements and disclosures that apply to your account(s). For example, when
you access your deposit account using Digital Services, the terms and conditions of your deposit account continue
to apply. If, however, there is a conflict between this Agreement and other account terms that specifically reference
Digital Services, this Agreement will control in resolving those inconsistencies.
Equipment
You are responsible for and must provide all mobile devices, computers, and/or other equipment, software (other
than any software provided by us), and services necessary to access Digital Services. You may need additional
software that is capable of opening PDF files (such as Adobe Acrobat) to view, print, and/or save electronic versions
of your documents.
Export control
You acknowledge that your use of Digital Services is subject to the United States government export control laws
and regulations, which may restrict or prohibit the use, export, re-export, or transfer of Digital Services and any
associated software. You agree that you will not directly or indirectly use, export, re-export, or transfer any
Digital Services except in compliance with applicable U.S. export laws and regulations. Without limitation, you
agree that you will not use Digital Services in any embargoed or sanctioned country.
No illegal use
Digital Services are intended for customers that are 18 years old or older. You agree not to use Digital Services to
conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual
provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection
with Digital Services.
No warranties
Neither we, nor Service Providers, represents or warrants the accuracy, adequacy, completeness or timeliness of
Digital Services, or the error free use of Digital Services. All Digital Services are provided “as is” and “as available,”
without warranty of any kind, either express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose, non-infringement and freedom from a computer virus.
In the event of a system failure or interruption, your data may be lost or destroyed. You assume the risk of loss of
your data during any system failure or interruption and the responsibility to verify the accuracy and completeness
of any transactions so affected.
Limitation of liability; indemnification
With the exception of the protections offered under Regulation E, in no event will we or any Service Providers be
liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special,
consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data,
or other intangible losses (even if advised of the possibility of such damages), whether caused by or resulting from
(1) the use or the inability to use any Digital Service; (2) any failure of performance, error, omission, interruption,
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delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your
information; (3) errors, inaccuracies, omissions, or other defects in information or content provided by, contained
within, or obtained through any Digital Service, or (4) any other failure, action, or omission.
You agree to indemnify, defend, and hold us and our Service Providers harmless from any and all third-party claims,
actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (1) a
third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files
or other materials submitted by you to or through any Digital Service; (2) any fraud, manipulation or other breach
of this Agreement by you; (3) any third-party claim, action or allegations brought against us arising out of or relating
to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods
or services; (4) your violation of any law or rights of a third party; or (5) use of any Digital Service or use of your
account by any third party. We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting
any available defenses. You will not settle any action or claims on our behalf without our prior written consent.
Waiver
We will not be deemed to have waived any of our rights or remedies with regard to this Agreement unless our waiver
is in writing and signed by our authorized officer. No delay or omission on our part in exercising any rights or
remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or
remedies on future occasions.
Assignment
You may not assign your obligations under this Agreement to any other party and we will not honor any such
assignment. We may assign this Agreement and you agree that we have the right to delegate to Service Providers
all of the rights and performance obligations that we have under this Agreement, and that the Service Providers
will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this
Agreement provides to us.
Complete agreement
This Agreement represents the sole and exclusive agreement between you and us regarding Digital Services and
merges and supersedes all previous and contemporaneous written or oral agreements and understandings
regarding the subject matter hereof. This Agreement is governed by all applicable Federal laws of the United States
of America and the laws of the State of Minnesota (without regard to any choice of law provisions thereof).
Definitions
The following definitions apply in this Agreement:
The words “we,” “our,” and “us” mean U.S. Bank National Association (“U.S. Bank”) and/or U.S. Bancorp
Investments, Inc. (“U.S. Bancorp Investments”), and respective affiliates, employees, successors, and assigns.
The words “you” and “your” mean each account owner and anyone else with access to the account to perform the
transactions or receive the services covered by this Agreement. If there is more than one owner, then these words
mean each account owner separately and all account owners jointly.
“Brokerage Account” means a U.S. Bancorp Investments account. U.S. Bancorp Investments is a federally
registered investment adviser, federally registered broker-dealer, and member of FINRA and SIPC. U.S. Bancorp
Investments is a subsidiary of U.S. Bancorp and an affiliate of U.S. Bank. Investment and Insurance products and
services including annuities are: Not a Deposit ● Not FDIC Insured ● May Lose Value ● Not Bank Guaranteed ● Not
Insured by any Federal Government Agency
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“Business Account” means any account established for purposes other than personal, family, or household use.
For example, an account established by a sole proprietor, a corporation, a partnership, a limited liability company,
or any other business entity.
“Business Days” include Monday through Friday. The Federal Reserve Bank holidays are not Business Days.
“Consumer” means a natural person, and does not include a corporation, limited liability company, or other entity.
“Consumer Account” means any means a demand deposit (checking), savings, or other consumer asset account
(including Private Banking accounts) established primarily for personal, family, or household purposes.
“Check Image” means an electronic image of an original paper draft (check), payable on demand to you, and drawn
on (or payable through) an office of a United States bank.
“Electronic Deposit” means the package of information (including the Check Image, dollar amount information,
deposit account information, etc.) that is transmitted to us, allowing for the deposit, processing, and collection of
the item.
“External Account” means a Consumer or Business deposit account (i.e. checking or savings) held at a domestic
(United States) financial institution other than U.S. Bank.
“Log-in Credentials” means your personal ID, password, and any other unique biometric attribute (such as facial
recognition or fingerprint) used to access Digital Services.
“Payment Account” means an account from which the payments you initiate will be debited, or to which payments
and credits to you will be credited. Not all accounts are eligible to be designated as a Payment Account; eligible
accounts will be displayed within the user interface.
“Payment Instruction” means the information provided by you for a payment to be initiated to a Recipient or
Payee (such as the amount of the payment, the date of the payment, the recipient’s or biller’s name, address,
mobile telephone number, email address, or bank account and routing number).
“Payment Schedule” means the pre-authorized payments that you schedule to occur on a specific date or a
recurring set of dates.
“Recipient” or “Payee” means a person or business entity that receives a payment through Digital Services.
“Sender” means a person or business entity that sends a payment through Digital Services.
“Service Providers” means any processor or other third party that we have engaged to provide remittance
capabilities, equipment, or other services in connection with Digital Services. This includes any agent, independent
contractor, or subcontractor of any of the foregoing.
“Wealth Management Account” means any U.S. Bank agency, custody, trust or IRA account that is eligible for
digital access for Ascent Private Capital Management, Private Wealth Management, or Wealth Management
customers.
Contact us
You may contact us through Digital Services, at a branch, or by contacting us as described below. Keep in mind that
we may not immediately receive electronic messages you send, and we will not take action based on your electronic
message until we actually receive it and have a reasonable time to act. If you need immediate assistance, or you
would like to report an unauthorized transaction, please call us.
U.S. Bank 24-Hour Banking 800-872-2657
TDD 800-685-5065
Business Service Center 800-673.3555
Monday – Saturday 7 a.m. to 9 p.m. Central
TDD 800-685-5065
Outside the United States 503-401-9992
U.S. Bancorp Investments 800-888-4700
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Wealth Management Contact your account/relationship manager