All times noted throughout this document are Central Time (CT)
This Agreement outlines the terms and conditions governing the Digital Banking Services of Wintrust Financial Corporation and its Community Bank Subsidiaries (the "Bank") offered via the Internet. For the purpose of this disclosure, the terms “you”/”your” refer to the customer and the terms “our”/”we”/”us” refer to us the Bank. As a customer of the Bank ("you") agree to abide by the terms and conditions of this agreement. The Account Agreement and Disclosure you received when you opened your account governs all accounts.

NOTE: If you are an account holder of only a Certificate of Deposit “CD” and/or loans, some products and services may not be available to you via Digital Banking.

Definitions

1. “Digital Banking” refers to banking products and services rendered via the internet through a computer, tablet, or mobile device.

2. "Business Day" The term “Business Day” means any day other than a Saturday, Sunday or federally declared legal holiday.

3. "Capture Device" means any device acceptable to the Bank that provides for the capture of images from original Items and for transmission through a clearing process.

4. "Check" shall have the same definition as set forth in Check 21.

5. "Check 21" means the Check Clearing for the 21st Century Act, as well as Subparts C and D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A of Regulation J of the Board of Governors of the Federal Reserve System.

6. “Image Replacement Document” or “IRD” means (a) a Substitute Check as defined in Check 21; or (b) the paper reproduction that will be created when an Item cannot be converted to an ACH Transaction.

7. Automated Clearing House “ACH” may also be referred to as automatic payments, are funds transferred to or from your account through an automated clearing house network. Common examples include direct deposits of payroll, pension or government benefits such as Social Security.

8. "Item"  Any check, ACH, funds transfer, Digital Banking transaction, wire transfer, teller cash withdrawal, ATM withdrawal, debit card purchase, fee, charge or other amount that is added to or subtracted from your balance.

9. "Payor" means consumers or businesses that make payments to a customer by means of Items, but that same customer shall not be a Payor.

10. "Service Start Date" means the date that the Services are first utilized by a customer.

11. "Technology" means the Bank’s or its subcontractor's deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to the Bank and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to a customer service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements  or extensions thereof developed or provided by the Bank or its subcontractors  and used in the provision of the Services hereunder. Any software provided by the Bank or its subcontractors pursuant to the Service shall be considered Software as defined in the End User License Agreement Terms for the Downloadable App of the Mobile Banking - Terms and Conditions.

Service Availability

We use reasonable efforts to make Digital Banking available with minimal interruptions. Digital Banking may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to Digital Banking may be interrupted because of conditions or other causes beyond our control, including outages in Internet or telecommunications availability, emergency conditions, or to allow emergency personnel to use the communication networks. We will use commercially reasonable efforts to reestablish service in those instances, but we do not promise Digital Banking will always be available for your use. We do not guarantee functionality of Digital Banking through all web browsers or on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. In no event, regardless of cause, shall we be liable to you for unavailability of Digital Banking, or your inability to access the service or to execute its functions.

Business Days

Business days are Monday through Friday except for federal holidays. Bill payment instructions initiated on or for Saturday, Sunday or any federal holiday will be processed on the next Business Day. Please note daily cutoff times for other transaction types listed in the section titled "Same Business Day Cutoff Times". All times listed within this agreement are stated in CT (Central Time). Transactions, instructions, etc. received after the cutoff time will be processed on the next Business Day.

Real Time

Certain transactions are processed in real-time on the host system except when the host system is unavailable. The host system will be unavailable while account updates are performed.  The host system can also be unavailable for other reasons unrelated to the account update cycle. Whenever the host system is unavailable, the Customer will receive a message that the transaction cannot be processed at this time and to try again later.

Same Business Day Cutoff  and Processing Times

Fees

Please refer to Deposit Account Agreement and Special Service Fees disclosures.

Customer Service

Telephone support is available at 877-279-1300.  Customer Service Hours: Monday-Friday, 7 AM 8 PM Saturday, 7 AM - 5 PM CT, excluding holidays.

In Case Of Errors Or Questions

Telephone us at the phone number or write us at the address shown in the "Contact" section of this packet, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transaction/transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name and account number (if any). Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.  For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Confidentiality

We will disclose information to third parties about your account or the transactions/ transfers you make:
Where it is necessary for completing transactions/transfers, or

• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
• In order to comply with government agency or court orders, or
• If you give us your written permission

Termination Of Services

We reserve the right to suspend or terminate this Agreement, your access to Digital Banking, or Digital Banking itself, in whole or in part, at any time without prior notice except as required by law. In any event, sending twenty-one (21) days’ prior notice shall be reasonable prior notice.

If all your enrolled Eligible Accounts become closed, we will disable Digital Banking access and associated services, after 45 days. Closed accounts will be removed from active users’ digital banking profiles 13 months after the closed date. Digital banking profiles will be suspended after 13 months of inactivity.

You may terminate your access and/or use of Digital Banking services at any time by calling or writing to the address listed in the “Contact” section of this agreement. We shall have a reasonable time of two Business Days to act upon your notice of termination. If you are using Mobile Banking as part of our Digital Banking services, then you must also un-register your Mobile Device and remove the Mobile Banking app.

If you or we terminate your Digital Banking for any reason, any unprocessed transfers that you have scheduled through Digital Banking (or related services that you access through Digital Banking) will be cancelled without notice. All provisions of this Agreement which by their nature are intended to survive the termination of this Agreement shall survive such termination.

Basic Services

Self-Enrollment provides the ability for a customer to enroll in Digital Banking and bill payment services. To validate the account ownership, you will be asked to enter certain information about yourself and/or your account.

If we can validate the information provided, you will be allowed to access basic Digital Banking services immediately. If we cannot validate the information provided, the Bank will need to approve your enrollment for Digital Banking.

In a limited situation, bill payment will need approval by the Bank before activated, and it can take up to two Business Days to complete. Once activated, customers will receive a notification that the bill payment service is active. If you only have a CD and/or Loan account, similar information will be collected as if you were opening a Checking or Savings account. However, the setup of access will need to be completed by the Bank, and it typically takes two Business Days to complete. You will be notified by e-mail when the setup is complete.

Real-time Account Balances and Information provides the ability to view your Checking, MMA, Savings, CD and Loan account balances and information in real-time. For your Checking, MMA and Savings, you will be able to view your Current, Available and Ledger balances.

Account Details/Activity provides the ability to view transaction detail with running balance for your Checking, MMA and Savings accounts for current and previous days’ activity. Transactions include ATM and other PIN-based transactions that occur intra-day. CD and Loan accounts show previous days' activity. Future-dated Transfers and Bill Payments can be viewed under Transfers tab and Payments tab respectively.

Transactions Sorting and Filtering provides the ability to create flexible views of your Checking, MMA, Savings, CD and Loan Accounts.

Categories and Memos provide the ability to assign either pre-defined or user defined categories or memo to a transaction posted to your checking account.

User Reports provides the ability to generate and print reports based on the categories assigned to transactions.

Stop Payment provides the ability to place a stop payment on a single check or a range of checks. A Stop Payment Notice will be delivered to you via US Mail if you’re receiving your notices via mail or electronically if you’re receiving your notices electronically. A Stop Payment fee will be assessed against your account. See the Deposit Account Agreement and Special Service Fees disclosure you received when you opened your account. You may also view and delete existing Stop Payments from your account.

One-time Immediate Transfers provides the ability to transfer funds between accounts held at the Bank in real time. See Real Time above for complete description. Each transfer made from an account may count toward account limitations (e.g. money market accounts, savings). A detailed explanation of the limitations on transfers, withdrawals and payments from such accounts can be obtained from the Account Agreement and Disclosure you received when you opened your account.

One-time Future Dated Transfer provides the ability to set up a one-time future dated transfer between accounts held at the Bank. Scheduled Transfers are processed in accordance with the Same Business Day Cutoff and Processing Times table. Any transfer made from an account may count toward account limitations (e.g. money market accounts, savings). A detailed explanation of the limitations on transfers, withdrawals and payments from such accounts can be obtained from the Account Agreement and Disclosure you received when you opened your account.

Repeating Transfers provides the ability to set up recurring transfers between accounts held at the Bank. Repeating Transfers can be set up to occur: Weekly, Bi-Weekly, Twice a Month, Every Four Weeks,  Monthly, Last Day of the Month, Every Two Months, Quarterly, Semi-Annually or Annually. Repeating Transfers are processed on the chosen send on date. Any transfer made from an account may count toward account limitations (e.g. money market accounts, savings). A detailed explanation of the limitations on transfers, withdrawals and payments from such accounts can be obtained from the Account Agreement and Disclosure you received when you opened your account.

External Funds Transfers provides the ability to make funds transfers to and from your accounts held at the Bank to and from accounts that you may have at other banks. The following types of personal accounts are eligible: Checking, NOW, Money Market and Savings accounts. You will be able to setup three external accounts to be used to perform external transfers with Digital Banking.

Outgoing Transfer: As long as funds are available in the internal account, the debit instructions will be posted to your internal account on the scheduled transfer date. The credits will be sent to the external bank via ACH and posted to your external account within 2 Business Days of the scheduled transfer date. If sufficient funds are not available in the internal account, the credit will not be sent to the external account.

Incoming Transfer:  Debit instructions will be sent via ACH to the external bank on the scheduled transfer date.  Within 2 Business Days of the scheduled date, the debit will be posted and settled to your external account.   The credit will be posted to your internal account on the same date that the debit is posted and settled with the external bank.

Return of transactions by the External Bank: The External Bank must return transactions to us no later than the opening of business on the second banking day following the settlement date of the original entry under the following circumstances: Insufficient Funds, Account Closed, No Account Found, Invalid Account Number, Payment Stopped, and Uncollected Funds.  The External Bank will have up to 60 Business Days to return transactions to us under the following circumstances: The account holder claims that the transaction is unauthorized or revokes the authorization.  Any items returned to us will be posted to your account.  You agree to be liable to cover any debit entries that have been returned to us.

Web Connect for Quicken provides the ability to download cleared transactions from Digital Banking directly into Intuit Quicken via a streamlined process.

User Defined Alerts provides the ability to set up E-mail or SMS Text Message notification (alert) based on preset parameters regarding your account. You can create a variety of alerts for any of your accounts. For example: setting balance thresholds; looking for a specific check to clear; or when a CD matures. Each type of alert has different options available. Alerts will be sent electronically to the e-mail address or mobile phone number you have provided.

If you change your e-mail address or mobile phone number, it is your responsibility to update the e-mail address or mobile phone number  in Digital Banking by selecting My Profile and Edit Contact Information.

You understand and agree that alerts may be delayed or prevented for a variety of reasons. The Bank guarantees neither the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver or misdirected delivery of any alert; nor any errors in content of the alert; or for any actions taken or not taken by you or any third party in reliance of an alert.

You further understand and agree that alerts are not encrypted. We will not include your password or full account number in any alert. However, alerts may include your name and some information regarding your accounts. Depending on the alert you select, information such as account balance or maturity/due dates may be included. Anyone with access to your e-mail or mobile device will be able to read the content of the alerts.

Secure Mail provides the ability to communicate with the Bank via a secure form of e-mail from within your Digital Banking session. Select Messages, from the navigation menu of Digital Banking.

Deluxe Check Reorder provides the ability to re-order checks from within your Digital Banking session.  When you select Order Checks from the Customer Service menu, a separate browser window will open the Deluxe Check Reorder website.

Check Imaging provides the ability to view and print front and back images of canceled checks from within your Digital Banking session.

Electronic Document Presentment provides the ability to view and print your Checking, MMA, Statement Savings, Loan and CD with electronic account documents. 

Account Preferences provides the ability to select which accounts should be displayed; set the order of how accounts should be displayed; set nicknames for each account; and select Funding Accounts for bill payment.

Payment Services

Bill Payment
Bill payment provides you the ability to pay money owed to businesses or individuals. Accounts eligible for bill pay will be automatically enrolled.

• Payment can be made from multiple checking accounts including Checking or NOW.
• Payments can be made to government agencies with the following limitations: The Bank and its authorized agent have limited ability to research any issue due to the government's strict adherence to the applicable Privacy laws. Neither the Bank nor its authorized agent will be responsible for any late fees or penalties that may be incurred by these types of payments.
• Bill payment may not be used to make payments for alimony, child support, court directed payments, or payees outside of the US and its territories. US territories include Guam, Puerto Rico, and US Virgin Islands.
• You agree to provide correct information using bill payment services such as payee name, address, account information, and payment amount.
• Payments can be made electronically (ACH) or by paper check. Payees designate whether they will accept electronic payments or only payments via check. You agree to initiate payment instructions at least four (4) Business Days before the Payee's due date for paper check processing and two (2) Business Days before the due date for electronic payments. Late fees for payments not initiated within these timelines will not be reimbursed.
• Payments may be scheduled for the current date; one-time payment up to 364 days in the future; or regularly occurring as follows: Every Week, Every Two Weeks, Twice a Month, Every Four Weeks, Every Month, Every Two Months, Every Three Months, Every Six Months, Every Year.
• Payments are processed at 8:00 pm Monday through Friday (except Federal Holidays). The next day, the bill payment credits are sent to the electronic payee or the check is printed and mailed out. On the second day after processing, the debit will be posted to the appropriate funding account for the processed bill payment.
• Current date payments can be added, edited or deleted until 8:00 pm Monday through Friday. Current date payments entered after 8:00 pm Monday through Friday, on Saturday, on Sunday or a Federal Holiday will be processed on the next Business Day.
• One-time Future Dated or Recurring Payments scheduled for a Saturday, a Sunday or a Federal Holiday will be processed on the next Business Day.
• One-time Future Dated or Recurring Payments can be reviewed, modified, and canceled until 8:00 pm CT on the payment date.
• E-Mail Alerts can be set up to notify you when payments have been made. All payments for a given date will be included in one alert.
• Instructions to stop a payment on or after the Payment Date will only be accepted for check payments and must be given to us by phone or in writing. Stop payment requests will not be accepted for electronic bill payments. We will charge you for each stop payment you give according to our current Special Service Fees schedule.
• You authorize the Bank or its authorized agent to make payment to creditors for you, as may be authorized by you via Personal Computer from time to time.
• You authorize the Bank to post such payments to your funding account and agree to maintain sufficient balances in the funding account to cover such payments as are authorized. It is also understood that the Bank or its authorized agent will not be responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent withdrawal of funds from your account.
• It is understood that the Bank or its authorized agent will use reasonable efforts to ensure payments reach creditors on time but cannot guarantee the time a payment will be posted by a creditor. The Bank or its authorized agent will use reasonable effort in ensuring creditors reverse any service fee or late charge that is related to payment process error.
• You agree to notify the Bank no later than 60 days after you receive the first statement on which a problem or error occurred.
• Each bill payment made from an account may count toward account limitations (e.g. money market accounts). A detailed explanation of the limitations on transfers, withdrawals and payments from such accounts can be obtained from the Deposit Account Agreement you received when you opened your account.
• When you use Digital Banking under your consumer profile, all bill payments that you initiate from a business account will be issued in your personal name.  If you would like payments to be issued under your company name, please contact your personal banker.  Your personal banker will be able to help you enroll in our business online banking services, which will allow for future bill payments to be made in your company name.

E-Bills
E-Bills is an optional bill payment service that is accessible through Digital Banking. Certain payees have agreed to provide Electronic Bills (E-Bills). E-Bills is the presentation of your bill in an electronic format through bill payment. The decision to participate in the E-Bills program is at the discretion of the payee. Each payee has their own criteria for establishing their E-Bills program.

Participating payees can use one of the following methods to present E-Bills to you:

• Direct E-Bills - we receive a file containing your bill summary information directly from the payee. This information is then presented to you in bill payment for payment.
• Indirect E-Bills - we collect and store your bill information from the payee's website. This information is then presented to you in bill payment for payment. You may need to supply your login information for the payee's website. When you supply the login information, you are authorizing us to access the payee's website to retrieve account information on your behalf.
• When you establish E-Bills with a participating payee, you will be prompted for information that the payee needs to set up the service. You will also be provided instructions and/or disclosure information for the particular payee. If you have concerns about any information that you are providing or have received, you should contact the payee directly.
• Delivery of E-Bills in a timely fashion is the responsibility of the payee. If you do not receive an E-Bill or have questions about your E-Bill, it is your responsibility to contact the payee directly. We are not responsible for any late charges or other adverse consequences as a result of non-delivery or untimely delivery of any E-Bills.
• E-Bills service can be discontinued by any parties at any time. You will be notified if we or the participating payee discontinues the E-Bills service. You can discontinue receiving E-Bills for any participating payee at any time. The payee is responsible for cancelling the service.

Reporting Unauthorized Bill Payment Transactions

Call 877-279-1300 to report an unauthorized bill payment Transaction. Service Hours: Monday-Friday, 7a.m.-8p.m./Saturday, 7a.m.-5p.m. (CT), excluding holidays.

Initiating Payment Inquiries

To initiate a payment inquiry, call 877-279-1300 after confirming with payee non-receipt of payment.

Bank Liability For Failure To Complete Bill Payment Transactions

In addition to other limitations of Bank's liability under this agreement, if Bank does not complete a bill payment transaction from Customer's account on time or in the correct amount according to this agreement, Bank will not be liable, for instance:

• If, through no fault of Bank, Customer does not have enough available funds in Customer's account (or available credit under Customer's overdraft protection plan) to cover the transaction or transfer.
• If bill payment Services was not working properly, and Customer knew about the malfunction when Customer started the transaction or transfer.
• If circumstances beyond control of Bank (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions taken by Bank.
• If there are postal delays or processing delays by the Payee.
• If a legal order directs us to prohibit withdrawals from the account.
• If we receive inaccurate or incomplete information needed to complete transaction.

New Services

The bank may, from time to time, introduce new Digital Banking Services. You will be notified of the existence of the new services. By using these services when they become available, you agree to be bound by the rules contained in the Digital Banking Agreement and Disclosure.

Password and Security

You will select your own User ID and password during self-enrollment using the following criteria:

User ID Criteria

• Must be at least 8 but no more than 32 characters long
• Must contain at least two (2) letters and two (2) numbers
• Cannot contain spaces or special characters

Password Criteria

• Must be between 8 and 32 characters
• Must include at least one (1) capital letter   and one (1) number
• Must include a special character, but cannot include the following characters \<>’
• Cannot include a character that repeats more than two times in a row
• Cannot include any common words or phrases such as “test”, “banking”, “password”, your SSN, etc.

Passwords will be masked on any input screen and will be encrypted. You will be locked out of the system after 3 consecutive failed password attempts. You will also be locked out of the system if you fail to answer a security question correctly after 3 consecutive attempts.

Although we do not require you to change your password, we strongly recommend that you change the password every 90 Business Days.

You agree that use of your password constitutes your authorization for all transactions made using your password.  You agree to be responsible for the safekeeping of your password and agree to take reasonable precautions from your password being made available to unauthorized individuals.  If you believe that your password or computer has been lost or stolen, or that someone may access your account without your consent, or that someone has transferred funds without your permission, you agree to notify the Bank immediately.

To prevent unauthorized access to your accounts and to prevent unauthorized use of the Digital Platforms, you agree to protect and keep confidential your User ID, Password, or other means of accessing your accounts via the Digital Platforms. We may at our option change the parameters for your Password without prior notice to you, and if we do so, you will be required to change your password the next time you access the Digital Platforms. The loss, theft, or unauthorized use of your User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line if you have a Business Account, or draws on your credit card account. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you permit any other person or entity, including any data aggregation service providers, to use the Digital Platforms or to access or use your User IDs, Passwords, or other means to access your accounts, you may be responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by any person or entity to whom they may provide that personal and account information. If you believe someone may attempt to use or has used the Digital Platforms to access your accounts without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 1-877-279-1300.

Browser and Operating System Support

Mobile App OS Support

Supported Android:

• Android version 10 and higher

Supported iOS:

• iOS version 14.x and higher

Supported watchOS:

• watchOS version 7.x and higher
• Series 4 and higher

Browser Support Details

• Google Chrome (latest version as of 8/4/2023)
• Mozilla Firefox (latest version as of 8/4/2023)
• Safari (latest version as of 8/4/2023)
• Microsoft Edge (latest version as of 8/4/2023 chromium-based

Adding a User

The Bank’s Digital Banking service allows you to add additional users for access to your accounts and various payment features.

Your Roles and Responsibilities for Additional Secondary Users:

You fully authorize your Secondary Users to be granted access to accounts and services (including money movement) as designated within Digital Banking. The action of creating Secondary Users explicitly authorizes the Bank to accept, rely upon and act upon, without further inquiry, any written, electronic, or oral instructions, directions, consents, waivers, and agreements that are received by us from any Secondary Users.

You are responsible for managing Digital Banking access of all Secondary Users, including but not limited to password resets, enabling of accounts and services, etc. Secondary Users are able to receive on your behalf, and any legal notices (including notices of amendment to or termination of this Agreement), transaction notices or disclosures from us in connection with Digital Banking.

You are responsible for ensuring that:(i) you completely remove entitlements and profiles of users that are inactive or otherwise no longer authorized to act on behalf of and for you in connection with Digital Banking; and (ii) you closely monitor the entitlements of each secondary individual authorized, especially when there are upgrades, changes, etc. by us to the Digital Banking platform.

Your Secondary Users authority and Access Credentials shall remain in place until you revoke their Access Credentials in the Digital Banking service’s self-administration functionality.

We may revoke or refuse to accept your Secondary Users authority and Access Credentials in connection with Digital Banking at any time without prior notice.  Limits on an Authorized User’s access may include restricting an Authorized User to or from particular Eligible Accounts; to or from particular functions; dollar limits; viewing but not transacting in Eligible Accounts; transactions requiring prior or secondary authorization by another Authorized User. We may from time to time change the available types of limits.

Access, Transfer and Payment Limitations

You will be denied access to Digital Banking if you do not use a valid User ID and password. Access will also be denied if you exceed the number of invalid attempts allowed by us. Transfers and payments are limited to the amount of available funds in your account and any associated overdraft line of credit. Funds availability is subject to the funds availability schedule. Any transfer or payment made from an account may count toward account limitations (e.g. money market accounts, savings). A detailed explanation of the limitations on transfers, withdrawals and payments from such accounts can be obtained from the Account Agreement and Disclosure you received when you opened your account.

Inactive or Dormant Accounts

Certain features will not be available if your account becomes inactive or dormant. Those features may include but are not limited to:

• Self-Enrollment
• Internal Funds Transfer
• External Funds Transfer
• Bill Payment
• Zelle®
• Stop Payments
• Remote Deposits (Mobile Deposits)

Your Liability for Unauthorized Transfers

Contact us immediately if you believe your password has been lost, stolen or used without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two Business Days after you learn of the loss, misuse or theft of your password, you can lose no more than $50 if someone used your password without your permission.

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

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Bank's Liability for Unfulfilled Transfers

If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If through no fault of ours, you do not have enough available funds in your account to make the transfer or bill payment, or your account is closed.
• If your device malfunctions or Digital Banking was not available and such a problem should have been apparent to you when you attempted to do such a transaction.
• If the transfer would cause the balance to go over the credit limit on your overdraft line related to your account.
• If you utilize the wrong security code or you have not followed the prescribed user instructions for making transfers or bill payment transactions.
• If a legal order directs us to prohibit withdrawals from the account.
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
• If you do not authorize a bill payment in the minimum amount of time for your payment to be made and properly credited by the payee by the time it is due.
• If you, or anyone you permit, commits any fraud or violates any law or regulation related to your online account.
• If the error was caused by a system outside the Bank's control, such as your Internet Service Provider.
• There may be other exceptions stated in our agreement with you and may be implemented from time to time.
• If we receive inaccurate or incomplete information needed to complete a transaction.

There may be other exceptions provided by applicable law. 

Arbitration

You and we agree that upon the election of either of us, any Covered Dispute (as defined below) will be resolved by binding arbitration on an individual basis, rather than through jury trials or class actions. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.

What claims or disputes are subject to arbitration?
The Covered Disputes that we are agreeing to arbitrate consist of any and all claims and disputes, including existing disputes and ones arising in the future (including after the closure of your account), that arise out of or relate in any way to the relationship between you and us. For example, Covered Disputes include, but are not limited to, claims involving your accounts, any services we provide (including safe deposit boxes), any transactions involving you, advertising, disclosures, fees, the handling of information about you, and debt collection, regardless of whether the claim is based in contract, tort, statute, regulation, equity, or any other legal theory, and regardless of whether the claim relates to this or any prior or future account or agreement. A Covered Dispute remains subject to arbitration even if it is brought by or against Wintrust Financial Corporation, any authorized or unauthorized user or beneficiary of your account or services, your and our respective affiliates, parents, subsidiaries, predecessors, successors, and assigns, or by your, our, or each of those entities’ employees, agents, trustees, representatives, receivers, and heirs, all of whom are third-party beneficiaries of this agreement to arbitrate. The term “Covered Dispute” is intended to be as broadly interpreted as the law allows, and includes disputes over whether a claim can or must be arbitrated.

The term “Covered Dispute” does not include actions brought by you or us in small claims court, provided that the action is within that court’s jurisdiction, remains in that court, and proceeds on an individual basis.

Can I (customer) cancel or opt out of this agreement to arbitrate?
You have the right to opt out of this agreement to arbitrate if you write us within 60 days of opening your account. To be valid, an opt-out must be timely mailed to:

Wintrust
P.O. Box 2027
Des Plaines, Illinois 60017

Opt-out request must contain your full name and account number, and include the statement that you wish to opt out of this agreement to arbitrate. Opting out of this arbitration agreement does not opt you out of any past or future arbitration agreements between us. Otherwise this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy.

What about class actions or representative actions?
Covered Disputes in arbitration will proceed on an individual basis, on behalf of the named parties only. YOU AND WE AGREE NOT TO: SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING; SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS (EXCEPT FOR CLAIMANTS WHO ARE ON THE SAME ACCOUNT), UNLESS WE AND ALL CLAIMANTS AGREE; BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION BROUGHT BY ANYONE ELSE; NOR SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION, INCLUDING DECLARATORY OR EQUITABLE RELIEF AFFECT OTHER ACCOUNT HOLDERS.

These limitations are not intended to bar a claim brought by a trustee, receiver, heirs, or assigns, provided that the claim pertains to only a single account holder and proceeds on an individual basis. Any dispute as to the applicability or enforceability of these limitations shall be decided by a court. If these limitations relating to class or representative procedures and relief are legally unenforceable with respect to a particular claim or request for a particular remedy (such as a request for public injunctive relief), then that claim or request for that remedy must be severed and brought in court, with all other claims and requests for remedies brought in arbitration. No arbitrator shall have authority to entertain any Covered Dispute on behalf of a person who is not a named party, nor shall any arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party.

How does arbitration work?
The party initiating arbitration must select either: JAMS or the American Arbitration Association (“AAA”) as the arbitration administrator. That organization will apply its consumer arbitration rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. In the event that JAMS or the AAA is unable to handle an arbitration for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA’s consumer arbitration rules.

In accordance with the arbitration administrator’s rules, a single arbitrator will be appointed to hear the Covered Dispute. The arbitrator will decide the Covered Dispute in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Except as provided in this arbitration agreement, the arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator may consider but shall not be bound by arbitration awards involving other account holders. Is the arbitrator’s decision final? Is there an appeal process?

The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.

Who will pay for costs?
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules of procedure or other applicable law. Even if not otherwise required, we will pay all arbitration filing, administrative, arbitrator, or hearing fees for any arbitration that we commence, as well as for any arbitration that you commence for which you have complied with the notice requirements below and in which you seek up to $50,000 in damages or other relief. If you are unable to afford any fees that would be your obligation to pay, you may request that we pay or reimburse them, and we will consider your request in good faith. In the event that the arbitrator concludes that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) or that you have engaged in vexatious litigation (as measured by the standards of 28 U.S.C. § 1927), then the arbitrator has the power to impose the same sanctions that a court could impose under the same circumstances.

How do I (customer) file an arbitration claim?
Before any party commences arbitration, that party must provide written notice of the dispute to the other party. The notice must include your name, account number, address, daytime phone number, an explanation of the factual basis for the dispute, and what specific relief (monetary or nonmonetary) you request. We will send any notice to your address on file. Notices to us should be mailed to Wintrust P.O. Box 2027 Des Plaines, Illinois 60017. Upon receipt of your notice, the parties will negotiate in good faith to resolve the dispute. If the dispute is not resolved after 60 days, either you or we may commence arbitration with the arbitration provider.

The arbitration administrator’s rules and forms for commencing arbitration may be obtained from, and arbitrations may be filed with, JAMS (1-800-352-5267 or www.jamsadr.com) or the AAA (1-800-778-7879 or www.adr.org). Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree to a different place.

Other than the changes or additions noted in this letter, all other terms and conditions remain in force and unchanged by this letter.

MOBILE TERMS AND CONDITIONS

Thank you for using the Bank's Mobile Banking combined with your handheld's text messaging capabilities. In case of questions please refer to contact section of the Digital Banking Agreement and Disclosure.

1) Distinct Services. The mobile services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from the Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.

2) Transmission Content. You and the Bank are solely responsible for the content transmitted through the text messages sent to and from the Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).

3) Accessing Mobile Banking. In order to access our mobile services, you must have a cell phone, tablet or other handheld device that can send and receive information using the technology that supports this Service (a "Mobile Device"). The kinds of Mobile Devices and the telecommunications carriers that support mobile services are described on our website. You are responsible for the purchase and maintenance of your Mobile Device and for any contracts with your telecommunication carrier necessary to operate your Mobile Device.

4) Additional Login Options. You can use Fingerprint or Face Biometrics to log into your Mobile App. Please review and understand the below information before enabling the biometric capability on your device. Your Mobile Device may have a built-in feature which authenticates your identity by using biometrics such as fingerprints, eye (iris) scans, and facial recognition. Some Mobile Devices allow multiple users to authenticate using the biometric feature. For example, your phone may allow you to set up authentication using your own fingerprint, as well as the fingerprints of your family members.

In the event that you utilize our mobile services that offer the capability to access and /or authorize banking transactions via the biometric function of your Mobile Device, be aware that the mobile services will accept any person's authorized biometric (i.e. fingerprint) that your Mobile Device currently allows. This could result in someone with biometric access to your Mobile Device potentially gaining unauthorized access to your accounts with the Bank.

5) Your Responsibility for Security. It is your responsibility to properly secure your Mobile Devices, including whether to allow other people to have biometric access to the devices. Mobile Devices with Internet capabilities are susceptible to viruses. You are responsible to ensure that your Mobile Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components that could result in damage to programs, files, and/or your Mobile Device or could result in information being intercepted by a third party. We are not responsible if any non-public personal information is accessed via the mobile service due to any virus residing or being contracted by your Mobile Device at any time or from any source.

USING MOBILE BANKING

1) Access. Mobile Banking is generally available 24 hours a day and 7 days a week. However, at certain times, some or all of the mobile services may not be available due to system maintenance or reasons beyond our control, including, but not limited to, cellular service availability. We do not warrant that Mobile Banking will be available at all times. The display of Mobile Account information may vary based on your Mobile Device and your cellular service.

Mobile OS Support Details

• Android version 10 and higher
• iOS version 14.x and higher
• watchOS version 7.x and higher
  • Series 4 and higher

2)  Short Message Service "SMS" Texting:  We may send text messages to you based upon the instructions you provide at the time of your SMS request. For instance, you may set an alert for a low balance threshold you have established. Each SMS message is sent to you without being encrypted and will include certain information requested on your account(s). It is your responsibility to determine if your wireless carrier provider supports text messaging and whether your Mobile Device is capable of receiving text messages. Our SMS messages are subject to the terms and conditions of your agreement with your wireless carrier provider and your use of the SMS service may result in additional or changed fees.

Once you subscribe to receive alerts via SMS, you are responsible for keeping any personal information in your Mobile Device secure. For your protection, you agree to:

• Login to Digital Banking and cancel your SMS Alert Service if your Mobile Device is lost or stolen and contact us immediately;
• Login to Digital Banking and cancel or edit your SMS Alert Service if there are changes to your wireless carrier provider or Mobile Device number (cell phone number); and
• Erase your "Sent Messages" and "Inbox" that may contain your SMS Short Code or other personal information.
• You acknowledge, agree and understand that your receipt of any SMS messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). We are not liable for any losses, damages or costs that may arise in whole or in part, from:
• Non-delivery, delayed delivery, or the misdirected delivery of any message;
• Inaccurate or incomplete content in any message; and
• Your reliance on or use of the information provided in any SMS service message for any purpose.

We provide this Service as a convenience to you. An SMS message does not constitute an official record for the account to which it pertains. We reserve the right to terminate this function or begin charging a fee for this function at any time without prior notice to you, except where required by law.

To cancel text messaging from Digital Banking alerts, send STOP to 32648.
To cancel text messaging from Bill Pay alerts, send STOP to 40574
For help or information regarding text messaging, send HELP to 32648 or contact our customer service. You expressly consent to receipt of a text message to confirm your "STOP" request.

USING MOBILE DEPOSIT VIA REMOTE DEPOSIT CAPTURE 

1) Requirements, Suspension and Cancellation of Service.

1.1) Mobile Banking Requirements:

In order to use Remote Deposit Capture the following is required:

• Mobile banking downloadable app
• Data plan
• Device must have auto-focus camera
• Minimum Camera Specifications: 12-megapixel rear-facing camera (or higher)
• Operating System (OS) iOS 14.0 or above or Android OS 10.0 or above

1.2) Image Quality: The Check image transmitted to us through the Remote Deposit Capture must be legible, as determined in our sole discretion. Each Check image must show all four corners of the Check and provide all information on the front and back of the original Check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original Check, MICR-information at the bottom of the Check, signature(s), any required identification written on the front of the Check and any endorsements applied to the back of the Check. The Check image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

1.3) Endorsements and Procedures: You agree to restrictively endorse any Item transmitted as "For Mobile deposit only” with the name of the Wintrust Community Bank the Account is located, the last four digits of your account number, your signature (must match the Payee line on the check), or as otherwise instructed by the Bank. If the Check is made payable to you and another payee, both of you must endorse the Check, and it must be deposited into an account owned by both of you. If you do not properly endorse the check, your deposit may fail. The Bank reserves the right to reject all items that are not endorsed as specified. You agree to follow any and all other procedures and instructions for use of the Service as the Bank may establish from time to time.

1.4) Authorizations: You authorize the Bank to convert Items to IRDs or transmit Items as images and further authorize the Bank or any other financial institution to which an Item is sent to handle the Item. You agree to, at your sole expense, a) provide connectivity between the Capture Device and the Technology; b) maintain the Capture Device in accordance with the instructions provided by the Bank, its subcontractors and/or any other Capture Device provider; c) as applicable, utilize your software, or the Bank's software to scan, load, and format Items as needed for transmission to the Bank; d) process return data and any remittance data delivered by the Bank for the purpose of updating your internal systems (which may include electronic and paper return Items); and, e) implement and maintain security measures, including firewall protection, in compliance with your obligations under this Agreement. You further agree to comply with any instructions and/or procedures regarding the Service and submission of Items that may be issued by the Bank from time to time.

1.5) Handling of Transmitted Items: You are responsible for the proper disposal of all original Items following their transmittal to the Bank. You agree to retain and safeguard the original Item for at least 14 Business Days after transmittal of the Item. After 14 Business Days and subject to your verification that the funds associated with the Item have been added to your account balance, you agree to mark the Item "VOID" and properly dispose of the Item by shredding or another commercially acceptable means of data destruction. All Items deposited using the Service are subject to final confirmation that an acceptable IRD has been created for further collection.

1.6) Prohibition on Duplication of Deposits: Unless the Bank has notified you that an Item has been rejected or returned unprocessed, you are prohibited from subsequently presenting for deposit any Item included in an IRD either in its paper based form or in digital form within another deposit. You agree that the posting of a deposit by the Bank into your account, such that it appears in the transaction history of the account as presented through the Bank's Digital Banking system, shall constitute confirmation that an IRD has been credited to your account and you shall properly dispose of the item as described in the handing of transmitted items. You shall indemnify the Bank for any and all losses or other damages the Bank may suffer as a result of any deposit of an Item more than once. You expressly authorize and instruct the Bank to debit your account(s) in the amount of any Item which is deposited more than once.

1.7) Account Statement Examination: Unless you notify the Bank of any errors to deposits made through the Service within 60 days after the applicable account statement is mailed or otherwise provided to you, such statement regarding all deposits made through the Service shall be deemed to be correct.

2) Payment Processing.

2.1) IRD Processing: Items may be transmitted for electronic processing by other financial institutions or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at the Bank's sole discretion. The IRDs will be created in accordance with Check 21; alternatively, the Bank may process Items as photocopies in lieu of originals, under guidelines established under applicable industry standards. Items that fail to satisfy your warranties, that fail to meet the requirements of the Bank or Check 21, or that are otherwise not able to be processed, may be charged back to your account(s) or returned to you. You agree to be bound by any clearinghouse agreements and operating circular and image exchange agreements to which the Bank is a party. In no event will the Bank be liable for any interest on an Item that is rejected.

2.2) Processing of Items: Images of Items transmitted by you are not considered received by the Bank until you have received an electronic confirmation of the receipt of the deposit from the Bank. However, receipt of the confirmation from the Bank does not mean that the transmission was error free or complete. Items transmitted by you and received by the Bank or its subcontractors by 6:00 p.m. CT Monday through Friday shall be credited to your applicable account on the same Business Day. Items received by the Bank after 6:00 p.m. CT on any Business Day or on a Saturday, Sunday or federal holiday shall be credited to your applicable account on the next successive Business Day. Funds from Items deposited under the terms of this Agreement will generally be available to you pursuant to the Banks Funds Availability Policy, except that funds from State and Local Government Checks, Cashier's, Certified, Teller Checks, Federal Reserve Bank, Federal Home Loan Bank Checks and postal money orders may be made available up to 2 Business Days after the day of your deposit. U.S. Treasury Checks are made available the next Business Day after the day of your deposit.

2.3) Items Not Permitted for Processing: You may only use the Service to deposit Items the Bank considers acceptable. The following types of Items will not be permitted for processing and you agree not to submit them:

• Checks made payable to others (even if endorsed over to you).
• Checks containing obvious alterations on the front of the Item, or which You knows, suspects, or should know or suspect, are  fraudulent or otherwise not authorized by the owner of the account on which the Item is drawn.
• Substitute checks (i.e. paper checks created from an electronic image)
• Checks that are irregular in any way (e.g. where the numerical and written amounts are different)
• Checks that have been previously returned unpaid for any reason.
• Checks that are postdated or more than 6 months old.
• Checks drawn on a foreign bank or payable in a foreign currency.
• Checks that exceed the maximum limits set forth above.
• Demand drafts or remotely created checks lacking the original signature of the person authorizing the check.

2.4) Your Liability For Payment Processing: You shall be solely responsible if any IRD for which you have been given provisional credit is subject to return or reversal, and neither the Bank nor its subcontractors shall be liable or responsible for same. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement.

Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back Item. Information and data reported hereunder: a) may be received prior to final posting and confirmation and is subject to correction and b) is for informational purposes only and may not be relied upon. You agree that the Bank shall have no liability for the content of payment-related information.

2.5) Your Warranties. You make the following warranties with respect to the Items you deposit: a) you have only transmitted acceptable Items for deposit and have handled the original Items following transmission to the Bank as agreed to or directed by the Bank and in accordance with applicable law; b) you are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item; c) the Items have not been altered; d) each Item bears all applicable endorsements in a restricted format as directed by the Bank; e) all the warranties set forth in Check 21 and its implementing regulations that you or the Bank must make in processing the Check image, as well as the warranties of 4-207 of the Uniform Commercial Code as adopted in the state of Illinois f) (1) the electronic image portion of each Item accurately and legibly represents all of the information on the front and back of the original Check as of the time the original Check was truncated, (2) the information portion of the Item contains a record of all applicable MICR-line information required for a substitute check, and (3) the Item conforms to the technical standards for an electronic Item as specified by the Bank from time to time; g) you will submit only one accurate and clear image of the front and back of each Item to the Bank only one time; h) you will not deposit the original Item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; and i) the amount of an Item, and such other information contained in such Item which is accurate and complete. You agree that these warranties shall be true and correct as of the date of each Item and that the submission of each Item to the Bank for processing shall be an acknowledgment of each such representation and warranty as of that date;

GENERAL TERMS APPLICABLE TO ALL MOBILE SERVICES

1) Limitation on Liability. We hope you will find the mobile services to be useful and reliable. However, it is important that you understand the limitations of Mobile Banking. The balance of a Mobile Account may be subject to change at any time, and the information provided to you through Mobile Banking may become quickly outdated. Because the mobile services are accessible only through your Mobile Device, your access to the mobile service may be limited by the service provided by your telecommunications carrier. Neither we nor our Licensor guarantee: a) either the delivery or the accuracy of any information requested or provided through the mobile service; or b) that you will have continuous or uninterrupted access to the mobile service. We are not responsible for any delay, failure or error in the transmission or content of information provided through the mobile service. Neither we nor our Licensor will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through the mobile service; from any inaccurate information provided through the mobile service; from your use of or reliance on any information provided through the mobile service; or from your inability to access the mobile service.

2) Your Rights as a Consumer. See the section of the Agreement entitled "ELECTRONIC FUNDS TRANSFERS - YOUR RIGHTS AND RESPONSIBILITIES" for your legal rights and responsibilities when using the Services.

3) Changes to Your Contact Information. It is solely your responsibility to assure that the contact information you have provided to us for the Mobile Banking Service is current and accurate. This includes not only the telephone number and telecommunications carrier for your Mobile Device, but also your name, address, other phone numbers, and your e-mail address. You may contact us about corrections and/or updates by accessing our secure email service (click on the Customer Service Menu when you are logged in to our Digital Banking home page on the Internet), by phoning us or by writing to us.

4) WARRANTIES AND DISCLAIMERS.
YOUR WARRANTY: YOU REPRESENT AND WARRANT TO THE BANK THAT: a) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM YOUR OBLIGATIONS HEREUNDER AND ALL INFORMATION SUPPLIED BY YOU TO THE BANK IS ACCURATE AND TRUE; b) YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO THE BANK AND ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN; c) YOU WILL ONLY USE THE SERVICE FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH THE BANK'S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY;

5) Withdrawal of Access/Suspension of Service: The Bank reserves the right to deny, suspend or revoke access to any Mobile Banking Service immediately, in whole or in part, in its sole discretion, without notice, if the Bank believes you are in breach of the Digital Banking Agreement and Disclosure or are otherwise using or accessing the Service inconsistent with these Terms and Conditions. Further, the Bank or its subcontractor shall have the right to suspend Services immediately a) in the event of an emergency or in the event of force majeure, or b) if the Bank determines in its sole discretion that your financial condition of renders your use of the Service no longer advisable.

6) Termination.
6.1) Termination: In addition to the denial, suspension, revocation and termination provisions above, the Bank may immediately terminate Mobile Banking or any portion of the Services if the Bank determines that such Service or portion of any Service is in violation of the any other law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. You may terminate the Service with notice to the Bank.

6.2) Obligations upon Termination: Upon the termination of this Agreement for any reason: a) your access to, and use of, the Mobile Banking or the Service will terminate; b) you will return to the Bank any and all the Bank's Services, equipment, software, documentation, Technology or other deliverables provided to you by the Bank, including any copies thereof held by you; and c) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and, upon request, provide written verification of same. Notwithstanding the foregoing, the Bank's obligations with respect to subsection c) shall be subject to the Bank's record retention policies and applicable laws and regulations. The provisions of sections 1, 6, 7, and 8 of these General Terms shall survive termination of this Agreement.

7) Confidentiality/Unauthorized Use: You acknowledge that the unauthorized use, disclosure or duplication of any Confidential Information shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the Bank, for which there is no adequate remedy at law. Accordingly, you hereby agree that the Bank may seek injunctive relief against you to prevent or remedy any breach of your confidentiality obligations described herein. You agree to indemnify the Bank and hold it harmless from and against any and all losses, liabilities, claims, damages and expenses (including reasonable legal fees and expenses) arising from or relating to the disclosure of any Confidential Information or the failure to keep the Technology secure. You understands and agrees that the use of the Technology and Services is confidential and agrees to assume all risks of accidental disclosure, inadvertent use or unauthorized use by any party whatsoever, whether or not such disclosure or use is on account of your negligence.

8) Intellectual Property Ownership. This Agreement does not transfer to you any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with the Bank and/or its subcontractors.

MOBILE BANKING LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

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

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

3) Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4) Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5) Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6) U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7) Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

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

USER MOBILE BANKING SECURITY RESPONSIBILITIES

Ensure the Mobile Device is updated with the latest system software provided by the mobile carrier or device manufacturer;
Install mobile security software (such as anti-virus and firewall) from a reputable software publisher;
Do not store sensitive personal or bank account information on the Mobile Device;
Do not modify the Mobile Device to bypass security features or replace the system software;
Avoid using public Wi-Fi connections for mobile banking;
Avoid using Mobile Device as a Wi-Fi hot spot;

If the Mobile Device is lost or stolen, contact the Bank to have your Digital Banking credentials changed.

ZELLE NETWORK ADDENDUM TO DIGITAL AGREEMENT

Effective as of October 2022

This Addendum ("Addendum") in conjunction with the Digital Banking Agreement ("Agreement") outlines the terms and conditions governing your use of the Zelle Network ("Zelle®"). As used herein, the terms "us," "we," or "our" mean Wintrust Community Banks or any affiliate, agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the Service; "you" or "your" means (1) an individual or entity that is the owner of an account or (2) an authorized signer on an account who has authority to view account information and effect transactions on such account. If we make any changes to this Addendum, the Terms and Conditions and/or the Agreement, we will update the website and will notify you of the changes as outlined in the Agreement. In the event of any inconsistency between the Agreement and this Addendum, this Addendum will control.

Except as outlined in this Addendum, terms defined in the Agreement have the same meaning as in this Addendum.

1. Description of Services

a) We have partnered with the Zelle Network® (“Zelle®”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle® (each, a “User”) using aliases, such as email addresses or mobile numbers (the “Service”). We will refer to financial institution that have partnered with Zelle® as “Network Banks”.

b) Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Bank.

c) THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service you agree to the terms and conditions of this Addendum. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.  You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. 

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or any unlawful purpose. 

The Service is available to you on eligible consumer checking accounts. In order to request, send or receive money, one or more of your eligible consumer checking accounts must be designated as a “Pay From” Account, an eligible consumer checking account to serve as the funding account for the Service and/or a “Pay To” Account, an eligible consumer checking account to serve as the receiving account for the Service. The “Pay From” Account and the “Pay To” Account may be the same account. You may change the designated account at any time subject to the terms of this Addendum. Account eligibility rules may differ if you are enrolling in Zelle® through another Network Bank or on Zelle®'s separate transfer service website or mobile app. In order to receive funds transfers into your “Pay To” Account, that account must be in good standing. In order to transfer funds out of your “Pay From” Account to another individual or business, your account must have a sufficient available balance at the time the transfer is completed. Account eligibility will be determined at our sole discretion. In addition, we may restrict categories of recipients to whom payments may be made using the Service. 

Content Standards: You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle®’s or our sole judgement, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature. 

Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle® make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.

An email address or US mobile phone number that is currently used by you at another Network Bank or another User (including persons with whom you jointly own an account) cannot be associated with your Zelle® profile used with Wintrust Community Banks. If you transfer an email address or US mobile phone number that is currently being used by either you or another User to your Zelle® profile used at Wintrust Community Banks, any pending transactions set up with that email address or mobile phone number will be cancelled. 

We reserve the right to change this Addendum without prior notice unless otherwise required by law. The most current version of this Addendum will be available within the Wintrust Digital Banking Agreement and Disclosure on Wintrust Digital Banking and you should review them on a regular basis.

3. Consent to Share Personal Information (Including Account Information)

We may share information about your account or the funds being sent or received with Zelle® and other Network Banks for the purpose of processing transactions in accordance with our customary processes and procedures: 

• As necessary to complete transactions 
• As necessary to provide additional and supporting services to facilitate your transactions and your use of the Service 
• As necessary in connection with the investigation of any claim related to your account or the funds you send or receive 
• As necessary to comply with any government agency or court order 
• In accordance with your written direction 
• As otherwise allowed in accordance with our Privacy Policy 

Please refer to your Privacy Policy which was given to you at account opening for information regarding our sharing practices and your ability to opt-out of certain information sharing.

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy at https://www.wintrust.com/privacy-policy.html, which is incorporated into and made part of this Addendum by this reference.

5. Wireless Operator Data

We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle® with your wireless operator account profile information for the duration of our business relationship.

6. Enrolling for the Service

a) You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. 

b) Once enrolled, you may:

• Authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
• Receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money”.

c) If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

d) Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S. mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll in Zelle®. 

7. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such an email address, U.S. mobile phone number, and/or other alias to send or receive money as described in this Addendum. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you and from other Network Banks or their agents regarding the Service or related transfers between Network Banks and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a) You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details and applicable fees.

b) You will immediately notify us if any email address or mobile number you have enrolled is (i) surrendered by you, or (ii) changed by you.

c) In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name. 

d) Your wireless carrier is not liable for any delay or failure to deliver any messages sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf. 

e) To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 20736. You expressly consent to receipt of a text message to confirm your “STOP” request.

8. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address, or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled. 

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Addendum and the procedures of the business or government agency that is sending you the payment.

9. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Addendum, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment when a person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle®, either in Zelle® mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be cancelled or revoked. 

In most cases, when you are sending money to another User, the transfer will occur in minutes; however there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, either in Zelle® mobile app or with the Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur. 

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification). 

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

10. Liability

Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

11. Send Limits

There are limits to the dollar amount of transactions that may be made using Zelle®. Transactions originated from your account may not exceed $2,000.00 per transaction with a maximum of $2,000.00 per day. We reserve the right to change the transaction limits at any time. All transfer limits are subject to temporary reductions to protect your account.

12. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send a payment request may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Addendum, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

13. Transaction Errors

In case of errors or questions about your electronic fund transfers, call us at:  877-279-1300. Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact the Bank no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:

• Your name and account number
• A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information
• The dollar amount of the suspected error

If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days (twenty (20) Business Days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

14. Your Liability for Unauthorized Transfers

You understand and acknowledge that you are responsible for notifying us if you believe that your Digital Banking password has been lost or stolen or if you believe that a transfer has been made using the information from your check without your permission. Contact us immediately, if you believe that your Digital Banking password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) Business Days after you learn of the loss or theft of your Digital Banking password you can lose no more than fifty dollars ($50) if someone used your Digital Banking password to initiate electronic fund transfer(s) without your permission. If you do not tell us within two (2) Business Days after you learn of the loss or theft of your Digital Banking password and we can prove we could have stopped someone from using your account without your permission if you had given us notice, you can lose as much as five hundred dollars ($500.00).If your periodic statement shows transfers you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.

15. Liability for Failure to Complete Transfers

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:

• If through no fault of ours, you do not have enough money in your account to make the transfer
• If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
• If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
• If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
• If we have terminated our Agreement with you.
• When we have reason to believe that something is wrong with a transaction.
• If we receive inaccurate or incomplete information needed to complete a transaction.
• In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
• If the funds in the account are subject to legal action preventing a transfer to or from your account.

There may be other exceptions provided by applicable law.

Neither we nor Zelle® shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of ours or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.

16. Fees

We currently do not charge any fees to use this Service. However text messaging and data rates from your mobile carrier may apply. If you use the Service from another Network Bank or through Zelle®'s separate transfer service website or mobile app additional fees may apply.

Changes may occur in the future and we reserve the right to charge fees to use this Service. Any changes to this Addendum will be communicated to you and notice will be given in accordance with applicable law.

17. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Digital Banking Agreement and Disclosure and incorporated into and made part of this Addendum by this reference.

18. Cancellation of the Service

You have the right to cancel the Service at any time. By canceling the Service, any pending, repeating and future dated transactions will be terminated, however any in process transactions cannot be terminated or cancelled by you. If you cancel this Service it will not cancel your other digital banking services with us.

In addition, we reserve the right to deny, suspend or revoke access to the Service immediately, in whole or in part, in our sole discretion, without notice, if we believe you are in breach of this Addendum or are otherwise using or accessing the Service inconsistent with this Addendum. Further, we or our subcontractor shall have the right to suspend Services immediately a) in the event of an emergency or in the event of force majeure, or b) if we determine in our sole discretion that your financial condition renders your use of the Service no longer advisable.

19. Right to Terminate Access

In addition to the Cancellation or Revocation of the Service above, we may immediately terminate Digital Banking or any portion of the Services if we determine that such Service or portion of any Service is in violation of any other law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. You may terminate the Service with notice to us.

Obligations upon Termination: Upon the termination for any reason: a) your access to, and use of, the Digital Banking or the Service will terminate; b) you will return to us any and all the Bank's Services, equipment, software, documentation, Technology or other deliverables provided to you by us, including any copies thereof held by you; and c) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and, upon request, provide written verification of same. Notwithstanding the foregoing, the Bank's obligations with respect to subsection c) shall be subject to the Bank's record retention policies and applicable laws and regulations. The provisions of sections 1, 6, 14, 21, 22, 23 and 24 of this Addendum shall survive termination.

20. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

21. Limitation of Liability

YOU AGREE THAT YOU, NOT WE OR ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE.

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNATHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE®’S SERVICE OR WITH THE TERMS OF THIS ADDENDUM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWROK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

22. Indemnification of Zelle®

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Addendum, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Addendum.

23. Governing Law; Choice of Law; Severability

If any one or more of the covenants, agreements, provisions or terms of this Addendum shall be held invalid for any reason whatsoever, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Addendum and shall in no way affect the validity or enforceability of the other provisions of this Addendum.

The validity, interpretation and performance of this Addendum shall be governed by and construed in accordance with the laws of the State of Illinois. Any lawsuit or other legal action instituted by any party in connection with this Addendum shall be brought in a federal or state court of appropriate jurisdiction in Chicago, Illinois.

24. Miscellaneous

Subject to the terms of this Addendum, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle®’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays. 

Zelle® and Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

Financial Wellness Agreement

This Financial Wellness agreement contains the terms and conditions for your use of Wintrust Community Banks Financial Wellness tools and services that we may provide to you and that involve accessing third party account information (“Services”). Hereinafter “us” “we” “our” or “Financial Institution” refers to Wintrust Community Banks

1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
2. Content You Provide. Your use of the Services is your authorization for Financial Institution or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Financial Institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
3. Power of Attorney. You grant Financial Institution and its service providers a limited power of attorney as provided below to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant Financial Institution and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY SITES.
4. Third Party Accounts. With respect to any third party sites we may enable you to access through the Services or with respect to any non- Financial Institution accounts you include in the Services, you agree to the following:
   a. You are responsible for all fees charged by the third party in connection with any non- Financial Institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- Financial Institution account, you agree to direct these to the account provider.
   b. Any links to third party sites that we may provide are for your convenience only, and Financial Institution and its service providers do not sponsor or endorse those sites. Any third party services, which you may be able to access through the Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third party sites. The third party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
5. Limitations of Services. When using the Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.
6. Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this User agreement. This User agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised User agreement. Your continued use will indicate your acceptance of the revised User agreement. The licenses, user obligations, and authorizations described herein are ongoing.
7. Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
8. Ownership. You agree that Financial Institution and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.
9. User Conduct. You agree not to use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Financial Institution or its service provider or cause Financial Institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems.
10. Indemnification. You agree to defend, indemnify and hold harmless Financial Institution, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
11. Disclaimer. The Services are not intended to provide legal, tax or financial advice. The Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Financial Institutions nor its third party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Financial Institution and its third party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Financial Institution and its third party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results. Financial Institution and its third party providers do not warrant that the Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITATION OF LIABILITY. YOU AGREE THAT FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
14. Export Restrictions. You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
15. Other Terms. You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid.
     

Contact

If you believe you have had an unauthorized transaction or transfer on any of your Accounts or you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 877-279-1300:
You may also notify us using Secure Mail from within Digital Banking. From the navigation menu, select More, Customer Service and Contact Us option.

Wintrust Community Banks Contact Information

Here’s how to contact your Wintrust Community Bank

Effective as of January 2024