SUNRISE BANKS, N.A. AND INGO MONEY, INC.
INGO MONEY SERVICE TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions”) govern your use of the Mobile Check Capture service (“Ingo”) as provided by Sunrise Banks, N.A. (“Bank”), a nationally chartered financial institution, and Ingo Money, Inc. (“Ingo Money”) to credit funds from checks to your Demand Deposit Account established by a U. S. financial institution (“Account”) and serviced by Netspend Corporation (“Netspend”). In order to use Ingo, you must have an active Account that is (i) issued in your name, (ii) active, and (iii) eligible to be credited using Ingo.
These Terms and Conditions apply to your use of Ingo and supplement the deposit Account agreement governing your use of the Account (the “Agreement”). The Agreement also applies to your use of Ingo, INCLUDING THE PROVISION ENTITLTED ARBITRATION IF DISPUTE ARISES, OR “ARBITRATION AGREEMENT”, if there is any difference between the Agreement and these Terms and Conditions, these Terms and Conditions control with respect to Ingo. Capitalized terms have the same meaning as given in the Deposit Account Agreement unless otherwise specified herein.
In these Terms and Conditions, “you” and “your” means the Accountholder who has enrolled in Ingo. Generally, the terms “Ingo”, “we,” “us” or “our” means Bank and Ingo Money, although some obligations will be performed solely by Bank or solely by Ingo Money. In order to participate in Ingo, you must be eligible for and comply with the Ingo enrollment process.
These Terms and Conditions govern your use of Ingo through the Mobile App. Pricing, terms and conditions may differ if you use the Ingo service through any app other than the Mobile App associated with your Account. In that event, you will be provided with the applicable terms and conditions for the Ingo service. The following Summary of Terms provides a brief overview of some important Terms and Conditions for your convenience. However, the entire Terms and Conditions govern your use of Ingo, and you should read the entire Terms and Conditions to fully understand your rights and obligations as outlined herein.
SUMMARY OF TERMS
You may use the Ingo service in the Mobile App associated with your Account to submit checks to the Bank for credit to your Account, following Ingo Money’s review of your check for funding approval.
Ingo is operated by Ingo Money and Bank.
Ingo Money will verify your identity, enroll you in the service and review your checks for approval.
You shall endorse, assign and transfer to Bank all checks approved for funding. Bank will deposit your check in its own account for clearing and collection and is responsible for crediting funds from your check to your Account (less applicable fees). Bank will ensure compliance with all regulatory requirements, including but not limited to, verification of your identification, money transmittal, and check cashing to the extent applicable.
Checks which return unpaid will be transferred and assigned to Ingo Money for collection.
Funds in Days
Choose 10-day delayed funding and Bank will credit your Account for the amount of the check (less applicable fees) in 10 days if Ingo approves your check and it is not returned unpaid within the 10-day period.
Funds in Minutes
Choose expedited funding and Ingo will review your check for approval within 1 hour. If Ingo approves your check, Bank will credit your Account for the amount of your check, less applicable fees.
Ingo Money may accept or reject your check for funding in its sole discretion based on a variety of factors.
- i. Fees for Funds in Minutes.
- No fee
- ii. Fees for Funds in Days.
- No fee
ADDITIONAL FEES MAY BE ADDED OR IMPOSED BY NETSPEND. SEE YOUR AGREEMENT FOR DETAILS. IF YOU ACCESS THE INGO SERVICE THROUGH ANY METHOD OTHER THAN THE MOBILE APP ASSOCIATED WITH YOUR ACCOUNT, FEES MAY BE DIFFERENT, HIGHER OR LOWER, THAN THOSE LISTED HERE AND IN THE MOBILE APP ASSOCIATED WITH YOUR ACCOUNT.
Once your check has been approved and funds are credited to your Account, the money is yours to keep and safe to spend, even if the check bounces or is returned unpaid for any reason, except if we determine there is evidence of fraudulent or illegal conduct by you. Absent fraud or illegal conduct, Ingo Money will collect the funds from the writer of the check.
If Ingo Money or Bank determines that you knew or should have known a check was bad when you sent it or was ineligible for the Ingo services, if you have already deposited or cashed the check elsewhere or try to deposit or cash the check elsewhere after it has been funded by Ingo, or if you otherwise engaged or engage in fraudulent behavior, Ingo Money and Bank reserve the right to pursue you for the return of all funds credited to your Account, and may pursue any other remedies available under applicable law.
Ingo accepts most types of government, payroll, personal or other checks for review and approval. All checks must be original checks, have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears on your Account, have matching numbers in the two amount lines, be signed by the check writer, be endorsed by you, and the endorsement must match the name on the payee line on the front of the check.
Ingo does not generally accept credit card checks, traveler’s checks, “starter checks” or other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, checks that are not payable to you and endorsed by you, checks payable jointly, checks previously converted to a substitute check, checks dated more than six (6) months prior to the date of deposit, checks made payable to “cash,” checks stamped “non-negotiable” or “void,” checks for an amount less than $5 or more than $2,500, or checks drawn on accounts located outside of the United States or payable in currency other than US Dollars. You may not send us any check that contains any alteration, any check which you know or suspect is fraudulent, or any check that has previously been deposited or cashed through Ingo, or through any other financial institution, check casher or remote deposit capture service.
Ingo may or may not accept checks you have written to yourself, in Ingo’s sole discretion.
Checks must be in an amount between $5 and $5,000. The use of Ingo is limited to $5,000 per check, $5,000 per day and $15,000 per month.
Your ability to receive a credit of funds to your Account is also subject to funding limits and availability restrictions set forth in your Agreement, taking into account all account funding transactions, maximum balance limits, and other limitations. You may also be prevented from crediting funds to your Account if you have not met the requirements for adding funds to your Account as specified by your Agreement, which may include registration of your Account, completion of identity verification by Netspend, or other requirements. If you have exceeded your limits or failed to meet any other requirements of the Netspend, Ingo Money or Netspend may decline the credit of funds to your Account.
Third Party Information
You authorize us to obtain information and reports about you and your financial and transaction history from credit reporting agencies and other data sources, including, without limitation, from your issuer or program manager, to help us verify your identity and assess the risk of transactions you submit for our approval. You consent to us obtaining and using this information.
TERMS AND CONDITIONS
By using Ingo, you are agreeing to these Terms and Conditions with Ingo Money and Bank. Once enrolled, at any time during your use of Ingo, you may request a copy of these Terms and Conditions by email at firstname.lastname@example.org or by phone at (229) 276-3990. These Terms and Conditions are available to be viewed and/or downloaded and printed at any time by visiting https://ingomoneyapp.com/partners/sunrise-banks-netspend-terms-and-conditions/. They are also available in the Ingo portion of the Mobile App associated with your Account. Please read these Terms and Conditions carefully.
1. Ingo Description.
A. Generally. Ingo is designed to allow you to cash a check and load the funds to your Account by creating a digital image of the front and back of the check and transmitting the digital image of such check to us through the Mobile App associated with your Account. To submit a check through Ingo, you must (i) capture: images of the front and back of the original endorsed check, and (ii) enter the amount of the check.
2. Changes to Terms and Conditions.
Ingo Money and Bank may amend or change these Terms and Conditions (including any applicable fees) from time to time in our sole discretion by sending you written notice by electronic mail or postal mail, by notifying you in the Ingo portion of the Mobile App associated with your Account, or by posting the updated Terms and Conditions on the Ingo Money website at https://ingomoneyapp.com/sunrise-terms-conditions/ . If a change is made for security purposes, we may implement the change without prior notice. When there are material changes to these Terms and Conditions, including changes to fees, policies, transaction limits, or terms affecting your use of Ingo, you will be asked to accept such changes prior to your next transaction. If you do not agree to the changes, you will not be allowed to use Ingo. If you find the Terms and Conditions unacceptable to you at any time, please discontinue your use of Ingo. Your continued use of Ingo after we have made such changes will be considered your acceptance of those changes. These Terms and Conditions apply solely to your use of Ingo to credit funds to your Account from approved checks using Ingo in the Mobile App associated with your Account.
3. Use of Ingo; Approval of Enrollment; Security; Cancellation; Suspension or Termination.
A. Use of Ingo. By using Ingo, you represent and warrant to Ingo Money and Bank that: (i) you are at least 18 years of age or higher based on the age of majority in your jurisdiction (for example, you must be at least 19 if you reside in the states of Alabama and Nebraska where the age of majority is 19, or 21 if you reside in the Commonwealth of Puerto Rico); (ii) you are a U.S. citizen or legal alien residing in one of the 50 states, the District of Columbia or the U.S. territories and commonwealths, including Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the U.S. Minor Outlying Islands (collectively known as the “U.S. Territories and Commonwealths”); (iii) all the information you provide or have provided to us at enrollment and in connection with each check submitted for approval is true, correct, and complete; (iv) you received a copy of these Terms and Conditions and agree to be bound by and to comply with its terms; and (v) you accept services from Ingo Money and Bank. You must have a verifiable address inside of the United States or the U.S. Territories and Commonwealths and be inside the United States or the U.S. Territories and Commonwealths when using Ingo. You agree not to use Ingo for any purpose prohibited by law.
B. Approval of Enrollment; Ongoing Use; Communication. Your enrollment in and use of Ingo is subject to our initial and ongoing review and approval, including confirmation of your identity. We reserve the right to limit or prohibit your access to Ingo, or to change the qualification requirements for enrollment in Ingo, at any time without prior notice. Ingo Money or Bank may accept, reject, or terminate your Ingo enrollment for any reason or no reason in our absolute discretion. From time to time as you use Ingo, we may ask you additional questions or obtain information from third parties to confirm your identity. It is your responsibility to keep your primary email address and contact information up to date so that we can communicate with you. You can update your information by contacting Ingo Money at help@Ingomoney.com or by calling (229) 276-3990. Any communication we send to your contact information on file will be deemed received by you. If you provide us a wireless telephone number, you agree we may call or text you at that wireless number regarding your use of Ingo, which could result in charges to you. We may also contact you by sending emails to you using any email address you provide. Methods of contact may include using prerecorded or artificial voice messages or use of an automatic telephone dialing system.
C. Mobile Device; Security of Login Credentials. In order to use Ingo, you must obtain and maintain, at your expense, an appropriate mobile device that is capable of utilizing the Mobile App associated with your Account and must download the App to your mobile device. You shall be solely responsible for the protection of your mobile device and for any unauthorized use of your mobile device to access Ingo. You will be responsible for maintaining appropriate security credentials with respect to your mobile device and agree that you will exercise reasonable efforts to maintain the privacy of such security measures. You agree to notify us immediately in the event you become aware of any loss, theft, or unauthorized use of Ingo through your mobile device. You must log in to the Mobile App associated with your Account using a secure username and password in order to access Ingo. You may change your password at any time. You are responsible to keep your password and username confidential and secure. Do not give your password, or make it available, to any person not authorized by you to access your Ingo account. Login credentials can be used to conduct financial transactions in your name. You are responsible for any transactions conducted through Ingo using your username and password, regardless of whether such transactions were authorized by you. You agree to treat your username and password with the same degree of care and secrecy that you use to protect your automated teller machine (ATM) card’s personal identification number (PIN) or other sensitive personal financial data. If you suspect that someone has stolen your identity or acquired unauthorized access to Ingo using the Mobile App associated with your Account, contact Netspend immediately at the number on the back of the debit card associated with your Account.
D. Cancellation of Use of Ingo. You may cease your use of Ingo at any time, simply by not using it. You may also cancel your enrollment with Ingo at any time by emailing us at help@Ingomoney.com or by phone at (229) 276-3990. No fees paid for Ingo services already rendered will be refunded under any circumstances, including upon our suspension or termination of your ability to use Ingo as described below, your cessation of use of Ingo, or the expiration or cancellation of your Account.
E. Suspension or Termination of Use of Ingo. Ingo Money or Bank may suspend or terminate your use of Ingo at any time and for any reason. Without limiting the foregoing, your use of Ingo may be terminated if you fail to perform any of your obligations to us as set forth in these Terms and Conditions, or if Ingo Money or Bank determines in their sole discretion that you are or potentially are misusing or abusing the Ingo service. We may re-evaluate your qualifications for use of Ingo and transaction history at any time and from time to time, reconfirm your identify, or suspend or terminate your use of Ingo, if we decide in our sole discretion that you no longer qualify for the Ingo service for any reason, including but not limited to suspicion of fraud, sending us uncollectible or ineligible checks, or failure to verify your identity. No such termination or suspension will affect any of your or our respective rights and obligations arising under these Terms and Conditions prior to such action. If you believe that any suspension or termination of your Ingo account is in error, you may contact us at help@Ingomoney.com or by calling (229) 276-3990.
F. Credit Reports and Third Party Information. You authorize us to obtain information and reports about you and your financial and transaction history from credit reporting agencies and other data sources, including, without limitation, from your issuer or program manager to help us verify your identity and assess the risk of transactions you submit for our approval. You consent to the disclosure of such information and to us obtaining and using this information.
4. Eligible Checks; Account Funding; Fees; Account Funding Errors; Dishonored Checks.
A. Check Requirements. Most types of government, payroll, personal or other checks are eligible for review and approval by Ingo Money. Ingo does not generally accept credit card checks, traveler’s checks, “starter checks” and other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, checks that are not payable to you and endorsed by you, checks payable jointly, checks previously converted to a substitute check, checks dated more than six (6) months prior to the date of deposit, checks made payable to “cash,” checks stamped “non-negotiable” or “void,” checks for an amount less than $5 or more than $5,000, or any check drawn on an account located outside of the United States. You agree you will not send us any check that contains any alteration, any check which you know or suspect is fraudulent, or any check that has previously been deposited or cashed through Ingo, or through any other financial institution, check casher or remote deposit capture service. All checks must be original checks, have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears on your Account, have matching numbers in the two amount lines, be signed by the check writer, be endorsed by you, and the endorsement must match the name on the payee line on the front of the check. We may or may not accept checks you have written to yourself, in our sole discretion.
B. Timing Options for Receiving Funding Credits. When you send a check to Ingo Money for funding approval using the Ingo portion of the Mobile App associated with your Account, you will be given a choice to (i) receive funds credited to your Account with no fee in 10 days if your check is approved and it is not returned unpaid within the 10-day period (“Funds in Days”), as described in more detail below, or (ii) receive funds credited to your Account on an expedited basis for a fee, subject to check approval (“Funds in Minutes”). Details on how to send checks to us using the Ingo portion of the Mobile App associated with your Account are available in the app.
C. Retain Your Check. Once you have sent your check to Ingo Money for funding approval, you must retain the check until we inform you of the approval or decline of your check. You may not send us any check you have deposited or cashed anywhere else. Once you send us a check for approval, you must not attempt to deposit or cash your check anywhere else. This could result in duplicate credits to you for the same check. Duplicate transactions using the same check can be a type of fraud and may subject you to civil claims and criminal penalties. We may require that you send us an image of your approved check with VOID or another word or phrase written on it. Once we have credited the funds from your check to your Account, you must destroy the check and not attempt to deposit it or cash it anywhere else. If we decline, and only if we decline, your check for any reason, you may attempt to deposit or cash your check elsewhere.
D. Funds in Minutes. If you select Funds in Minutes, Ingo Money will review your check for funding approval using a process that usually takes a few minutes but may take up to one hour. If Ingo Money approves your check for funding, you agree that you transfer and assign the check to Bank in exchange for the crediting of the check funds (less any applicable fees) to your Account through Ingo. Although Bank will send the check funds promptly, your issuer or program manager will determine how quickly the funds will be made available to you. If Ingo Money does not approve your check for funding, you may terminate the transaction and deposit or cash your check elsewhere, or you may be given the option to request check approval for Funds in Days.
E. Funds in Days. If you select Funds in Days, Ingo Money will review your check for funding approval and you shall endorse and transfer your check to Bank for deposit in Bank’s account for clearing and collection. By endorsing your check, you agree to transfer and assign the check to Bank in exchange for the transfer of the check funds to your Account through Ingo. If Ingo Money approves the check for funding and it is not returned unpaid within 10 days after submission to Ingo, Bank will credit your Account with the full amount of the check, on the 10th day. If Ingo Money does not approve the check for funding for any reason in its sole discretion, or if the check is returned unpaid for any reason prior to the end of the 10th day, the funds from your check will not be credited to your Account, you will be notified, and the transaction will be terminated without charging you a fee. You may then deposit or cash your check elsewhere. If your check clears prior to the end of the 10-day period, Bank will hold the funds until the end of the 10th day (provided that the check is not returned and transaction is not reversed), during which time the funds will not be FDIC insured.
F. Recourse. Once Bank has credited funds from your approved check to your Account (less any Ingo fees), the funds are yours to keep even if the check bounces or is returned unpaid for any other reason. Notwithstanding the foregoing, if Bank funds your check and the check is returned unpaid for any reason and if Ingo Money or Bank determines in its sole discretion that there is evidence or potential evidence that you knew or should have reasonably known that the check was fraudulent, counterfeit, altered, written with insufficient funds in the underlying account, or was otherwise ineligible for the Ingo services, you deposited or cashed the check with a third party before or after sending it to us, or we otherwise find evidence of fraud or illegal activity by you, Ingo Money and Bank have full recourse against you for the full amount of the funds credited to your Account, along with any other rights or remedies available under law.
G. Declines. Since Ingo Money and Bank are taking the risk of payment on all checks you attempt to fund to your Account, we may decide to decline your check at any time for any reason in our sole discretion whether you choose Funds in Days or Funds in Minutes. If that occurs, the transaction will be terminated, no fee will be charged, and you may take your check elsewhere for deposit or cashing. The decision to approve a check is based upon the assessment of multiple factors and is not necessarily a reflection on either you or the writer/maker of the check. We also may refuse to process a check in our sole discretion, including, but not limited to, if we need to do so to comply with applicable law.
H. Ingo Fees. The fees associated with Ingo are as follows:
- Fees for Funds in Minutes.
- No fee.
- Fees for Funds in Days.
- No fee.
Netspend may impose additional fees or charges on Account funding transactions. See your Agreement for details
You will have the opportunity to review the amount of the Ingo fees each time a check is submitted for funding, and you will be given the opportunity to and must approve the fees before Bank credits your Account with any check funds. All fees associated with the crediting of funds from your check to your Account through Ingo will be deducted from the amount Bank will credit to your Account. Ingo Money will send you a message through the Mobile App associated with your Account, or by email, detailing Ingo fees and the amount credited to your Account. Ingo fees will not be reflected on your Account statement or the transaction history provided by Netspend. All you will see on your Account statements and transaction history is the amount actually credited to your Account. You are solely responsible for any data usage fees that may be imposed by your wireless carrier in connection with your use of Ingo.
IF YOU ACCESS THE INGO SERVICE THROUGH ANY APP OR METHOD OTHER THAN THE MOBILE APP ASSOCIATED WITH YOUR ACCOUNT, FEES MAY BE DIFFERENT, HIGHER OR LOWER THAN THOSE LISTED ABOVE.
I. Maximum and Minimum Check Limits. You may use Ingo for checks with a face value from $5 to $5,000. You may submit multiple checks with a total combined value of no more than $5,000 per day and $15,000 per month. There may be additional transaction, daily, monthly, and other limits that apply to your Account, as well as maximum account balance limits, that would apply to transactions using Ingo and other account funding transactions that you conduct elsewhere. If you have met or exceeded your Account limits, Bank may not be able to credit funds from your check to your Account, even if Ingo Money has approved your check. See your Agreement to understand your limits, and manage your Account funding transactions to remain within such limits. We may increase or decrease the check limits for Ingo or for you from time to time in our sole discretion; provided, however, that you are solely responsible for complying with any limits applicable to your Account.
J. Errors in Connection with Account Funding. If you become aware of an error with respect to the crediting of funds to your Account from an Ingo transaction, please notify Ingo Money immediately by calling (229) 276-3990 or sending us an email at email@example.com.
You may be asked to:
- Provide your name and transaction confirmation number.
- Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Provide the dollar amount of the suspected error.
- Provide information about the check and its original value.
We will take reasonable steps to investigate and correct any error, and we will notify you of the results of our investigation.
NOTE: You may have rights related to your Account under the Electronic Funds Transfer Act regarding transactions that are posted to your Account. Check your Agreement for the terms that apply to your Account and for a complete statement of your rights in the event of an error or unauthorized transaction.
K. Your Representation and Warranty; Rights Upon Dishonor. You represent and warrant to Ingo Money and Bank that any check you present to Ingo Money (i) is a bona fide check for funds owed to you that has been obtained by you by lawful means, (ii) you are not aware of any facts or circumstances which would limit the value, legality, collectability, or negotiability of the check, (iii) the check does not include any proceeds from or related to criminal activity, (iv) the check is eligible for processing through Ingo in accordance with these Terms and Conditions; and (v) there are no unfulfilled conditions that limit the negotiability or value of the check. You agree that Ingo Money and Bank may, without notice, seek legal redress against you if any check you submit is dishonored, returned, or not paid, and you have breached any of your representations or warranties set forth in these Terms and Conditions. You grant Ingo Money and Bank a lien on, and the right to offset any amount you may owe to us against, any property belonging to you of any kind, whether real, personal, tangible or intangible, which is in our possession, including the proceeds of any other check submitted or credited to your Account through Ingo. You agree that Bank and Ingo Money may use any lien or right of offset to satisfy any debt owed by you under these Terms and Conditions without contest on your part.
L. Account Funding Failures. If Bank is unable to credit your Account with funds from any check Ingo Money has approved, Ingo Money will contact you to attempt to resolve the issue, which may require you to take action including registering your Account for loading with Netspend. If we are unable to resolve the issue and credit your Account, Bank may, in its sole discretion, mail you a check at the address registered to your Ingo account, credit the funds back to the account of the check writer, or take other action to return the funds to you or the check writer. If we are unable to transfer check funds to your Account or return them to you or the check writer by other means, and you do not use the Ingo service for a period of time determined by applicable state law (usually a year or longer), we must deliver your funds to the state based upon the address on file. This action is known as “escheat”. If we deliver your funds to the state, you must file a claim with the state to recover them.
5. Customer Service.
If you have questions regarding a transaction using Ingo, please email Ingo Money at firstname.lastname@example.org, or call Ingo Money at (229) 276-3990.
6. Limitations on Liability; Indemnification.
A. Damages Exclusions. When using Ingo, you may experience technical or other difficulties. We do not assume responsibility for any technical or other difficulties in using Ingo, including any resulting damages that may occur. In no event will Ingo Money or Bank be liable for lost profits, loss of goodwill or for special, indirect, consequential, incidental, exemplary, or punitive damages arising from your use of Ingo or any refusal of a third-party check, regardless of whether such claim arises in tort or in contract and regardless of whether such losses or damages were foreseeable or we were advised of the possibility thereof.
B. Warranty Disclaimer. Except as expressly provided in these Terms and Conditions, Ingo is provided to you AS IS, AS AVAILABLE, without warranty of any kind, express, implied or statutory. We do not warrant that the use of Ingo will be error-free or without interruption, and we are not responsible for errors or issues caused by the Internet, any processor, or any other third party. We do not guarantee the permanent availability of Ingo, including, but not limited to, the availability of the systems of affiliates, Ingo Money, Bank or other parties. THE WARRANTIES STATED IN THESE TERMS AND CONDITIONS, IF ANY, ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY US AND OUR AFFILIATES. WE DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL OTHER REPRESENTATIONS, CONDITIONS, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR NON-INFRINGEMENT.
C. Limitation on Liability. Our liability for any claim, dispute, proceeding, demand or action brought by you against us for any reason arising out of or relating to these Terms and Conditions or the relationship established hereunder is strictly limited to the legal amount of the third party check involved.
D. Force Majeure. We will not have any liability if we are unable to perform our obligations pursuant to these Terms and Conditions, if Ingo is not useable, in whole or in part, as a consequence of an act of God, fire, explosion, public utility failure, accident, strikes, floods, embargo, war, terrorism, nuclear disaster, riot, failure of communication links or facilities, computer malfunction of a computer operated by or on behalf of us, an affiliate, or any other third party engaged by any of the foregoing as a result of events not within the control of such party, or other circumstances beyond such party’s control.
E. Problems in Transmission. We are not responsible for any checks we do not receive or for check images that are dropped during transmission. By using Ingo, you accept the risk that a check may be intercepted or misdirected during transmission. You understand that, while we have established certain security procedures, such as firewalls, codes and data encryption designed to prevent unauthorized access to Ingo accounts or transactions, there can be no assurance that Ingo will be completely secure. You also understand that access to Ingo will not be free from delays, malfunctions, or other inconveniences generally associated with the Internet. You agree that we are not responsible for any such unauthorized access, delays or malfunctions, and we are not responsible for the acts of third parties or for any delay or interruption in Ingo beyond our control. We bear no liability to you or others for any such intercepted or misdirected checks or information disclosed through such errors or other problems in the course of transmission of the check images.
F. Indemnification. You agree to indemnify, defend, and hold us, our employees and agents, parent companies and affiliates harmless from and against any and all claims, damages, losses, demands, liabilities and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or related to: (i) your failure to satisfy your obligations under these Terms and Conditions; (ii) your breach of any representations or warranties in these Terms and Conditions; (ii) your failure to maintain the security of your mobile device or Ingo log-in credentials; (iii) your negligent or intentional acts or omissions in utilizing Ingo, including, but not limited to, your submission of duplicate transactions using the same check or calculation or numerical errors made during the submission of checks through the Mobile App associated with your Account; or (iv) your violation of any applicable law, statute, or regulation.
7. Confidentiality; Privacy and Security of Personal Data.
8. Use of Software.
The Ingo portion of the Mobile App associated with your Account is the proprietary intellectual property of Ingo Money, Inc. and its partners and suppliers subject to copyright and other protection. You are granted a right to install and use this for your own personal use. You agree not to sell, lease, use or distribute it for any other purpose, and you agree not to decompile, reverse engineer or otherwise translate it from its object code form. The Mobile App associated with your Account contains third party code and such third parties are expressly made a beneficiary hereof and may enforce these terms directly. Bank and Ingo Money are not responsible for any third party software you may need to use Ingo. You accept such software as is and 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.
You agree to cooperate at your own expense with any investigation of your dealings by any Federal, state, or local regulatory or law enforcement agency and with any court-ordered production of your enrollment or use of Ingo and transaction records.
10. Applicable Law.
These Terms and Conditions, all check transactions, and any dispute resulting from or related to the provision of the Ingo services shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflict of laws principles, except to the extent preempted by federal law.
11. General Terms.
These Terms and Conditions are the entire agreement between you, Ingo Money and Bank governing your use of Ingo. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force. The waiver by either party of any default or breach of these Terms and Conditions shall not constitute a waiver of any other or subsequent default or breach. Your Ingo account and your obligations under these Terms and Conditions may not be assigned. Ingo Money and Bank may transfer their rights under these Terms and Conditions. Use of Ingo is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Ingo money and Bank do not waive their rights by delaying or failing to exercise them at any time. If any provision of these Terms and Conditions is 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 these Terms and Conditions shall not be affected. Bank and Ingo Money (and not Google or Apple) are solely responsible for the Ingo portion of the Mobile App associated with your Account, all intellectual property rights and related claims associated with this app, your use of this app, the services provided herein, all representations and warranties, all support hereunder, and all claims and liabilities related to the use or possession of this app or any services provided hereunder. Your license hereunder is limited to your use of the Ingo services through the Mobile App associated with your Account on a mobile device that you own or control. Apple and Google are third party beneficiaries of these Terms and Conditions and may enforce them.
12. How to Contact Us.
If you have questions about these Term and Conditions, please contact Ingo Money by phone at (229) 276-3990, by email email@example.com, or write to Ingo Money at:
Ingo Money, Inc.
Attention: Customer Service
11545 Wills Road
Alpharetta, GA 30009
© 2019 Sunrise Banks, N.A.
© 2019 Ingo Money, Inc.
End of Sunrise Banks and Ingo Money Terms and Conditions