I. GENERAL

This Online Banking Agreement (the “Agreement”) governs your use of First National Bank of TN’s Digital Banking (the “Service”) available to you online or by mobile phone or other supported wireless devices. By subscribing to the Service or using the Service, you agree that you have complied with online instructions in accessing the Service, and that you will be bound by the terms of this entire Agreement. Please read this Agreement carefully and keep a copy for your records.

In this Agreement, “you” or “your” refers to the person(s) subscribing to or using the Service; “we”, “us” or “our” refers to First National Bank of TN (FNBOTN), and any agent, independent contractor, designee, or assignee First National Bank of TN may, in its sole discretion, involve in the provision of the service.

A. The Service.

This agreement applies whether accessing your accounts through the internet, a mobile device, or other software. Additional terms and conditions that apply to the Mobile Banking services that we may provide to you are described in Section V of this Agreement. Additional terms and conditions that apply to the Zelle service that we may provide to you are described in Section V of this Agreement. You can check the balance in your designated FNBOTN accounts (the “Accounts”), request transfer(s) of funds between eligible Accounts, and request payments to designated third parties (“Payees”) and other services as described in this Agreement. The Service will automatically link your Accounts to your online profile, including any Account for which you are the owner or co-owner, and certain types of Custodial Accounts as described in Section I. Any of your Accounts with a requirement of verifying two or more signatures on checks, if such a requirement exists, does not apply to electronic transfers, including online bill payments using the Service, and we are released from liability when making such transfers or payments.

This means that you or anyone else authorized on the Account accessing the Service shall be authorized to individually make electronic transfers, including online payments, even though the authority to transfer funds from an account by some other means (e.g., by check) must be exercised jointly with one or more other persons. You may hide any of your linked Accounts from your online profile at your discretion.

B. Custodial Accounts.

For any eligible Custodial Accounts linked to your Digital Banking profile, you agree, acknowledge, and assume all responsibilities as custodian under any applicable laws and regulations. you will not access the Custodial Account, transfer funds into or out of the account or use the account for any reason other than for the benefit of the person over whom you have custody pursuant to your responsibilities as custodian. You release and hold us harmless from any liability for any use or transactions made on the account through the Service that are in violation of these terms and conditions and this Agreement.

C. System Requirements.

For Digital Banking, you must have access to a device with internet access and one of the latest versions of a 128-bit encrypted browser such as Microsoft Edge, Chrome, Firefox, or Safari.

Note: Other modern browsers may work but are not supported. For Microsoft Money or Intuit’s Quicken, see system requirements included with the software package.

D. Internet Gambling; Illegal Transactions.

We may, but are not required to, deny authorization for any internet gambling transactions. You agree not to use the Service or any of your Accounts for any illegal activity. You agree that use of the Service or your Account for illegal activity will be deemed an action of default and/or breach of contract and, in such an event, the Service and/or any of your Accounts may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use.

E. Your Username and Password.

Username: As you enroll, you will select your personal Username. Your Username must be a minimum of 8-64 characters. Following activation, you may change your Username at any time.

Password: You will be asked to choose an alpha-numeric password consisting of 12-64 characters and that must contain a minimum of at least (1) number; (1) upper case letter; (1) lower case letter and (1) special character and is case sensitive to obtain access to Digital Banking. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should not be written down. We also recommend, but do not require, that you change your password regularly for security reasons, but it can only be changed once within a 24-hour time period. You authorize us to follow any instructions entered through the Service using your password. Because your password can be used to obtain information and access money in your Accounts, you should treat your password with the same degree of care and secrecy that you use to protect your PIN or other sensitive personal financial data. You agree not to give your password, or make it available, to any person not authorized to access your Accounts.

F. ADVANCED LOGIN AUTHENTICATION

Advanced Login Authentication (ALA) is a security system in which more than one form of authentication is implemented to verify the legitimacy of the transaction. First National Bank of TN uses four different methods to validate its Consumer Online Banking customers at sign on:

1. Username and Password – (Customer selected – see Your Username & Password section above)
2. Complex Device Profiling – During login, extensive details about your device and network are gathered and evaluated for consistency with your typical behavior and for any indication that fraud could be involved in the login. The result is used to determine the next step in the login process, if necessary. This includes such devices as computers, tablets, and smartphones.
3. Step-Up Authentication – Based upon the results of the device profiling, the system may require additional authentication. Out-Of-Band Authentication requires you to authenticate using a one-time security code. The interaction occurs outside the online banking channel either using an automated voice call, or text message to a mobile device.

G. Security

You understand the importance of your role in preventing misuse of your accounts through the System and you agree to promptly examine your regular account statement for each of your First National Bank of Tennessee accounts as soon as you receive it. You agree to protect the confidentiality of all your account information, Username, Password and personal identification information, such as driver’s license and social security numbers. You understand that personal identification information by itself, or together with information related to your account, could allow unauthorized access to your account. All this works together to provide additional security against unauthorized entry and/or unauthorized transactions from being transmitted through the System. Data transferred via the System is encrypted to provide transmission security. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or that e-mail transmitted to and from us, will not be monitored or read by others.

H. Our Liability for Failure to Complete Transactions.

We will process and complete all transfers (to and from eligible accounts) properly initiated through the Service in accordance with the online or mobile instructions or Zelle Service instructions provided within Digital Banking and the terms of this Agreement. If we do not complete a transfer to or from your Account on time or in the correct amount in accordance with online or mobile instructions or Zelle Service instructions provided with Digital Banking and under the terms of this agreement, our liability for your losses and damages will be limited to those directly and proximately caused by our failure, not to include indirect, consequential, special, or exemplary damages. Further, we will not be liable if:

1. Through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
2. The Service, your PC, internet connection or mobile device is not working properly.
3. A Payee or User (as defined in Section VI of this Agreement) mishandles or delays handling payments sent by us.
4. You have not provided us with the correct Payee name, address, Account information or payment amount or the correct User email address or mobile telephone number.
5. Circumstances beyond our control (such as fire, flood, or delay in the U.S. Mail) prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances.
6. We determine that the transaction is related to internet gambling or to some illegal activity as set forth in Section I. D.
7. If the funds in the Account are subject to legal process or other encumbrance restricting such transfer.
8. If there is an allegation of fraudulent activity concerning the Account.
9. If other rules, regulations, or agreement of ours so provide.

I. Alerts and Verification Codes.

In connection with the Service, we will provide alerts to you. Some of these alerts are optional and can be managed by you by visiting Manage Alerts on the Account Services tab. Some are provided for security reasons and cannot be turned off by you. You agree that these alerts are in addition to and not a replacement for services received by you under the Bank Depositor Agreement or any other special account services agreements, you have entered with us. You acknowledge these alerts are provided as a convenience to you and agree that we shall have no liability to you for any delay in or failure to provide an alert, any inaccuracy in an alert, or any interception of an alert by an unauthorized person or entity.

First National Bank of TN uses verification or security codes for enhanced authentication purposes to confirm that someone attempting certain actions is authorized to make the change. To change your delivery preferences for verification/security codes, go to the Account Services tab, My Profile, and click on Personal Preferences to review the contact methods shown, and click on “edit” to add or update your selections. You acknowledge that receiving an unexpected verification/security code or one that you did nothing to trigger, as well as certain alerts that your actions did not trigger, may indicate your online credentials have been compromised and that you should change your credentials or call the FNBOTN Customer Care team immediately at 888- 777-9798.

J. Mobile Numbers/Email Addresses.

If you choose to include a mobile device phone number and/or email address in your application for the Service, you are representing and warranting that you are the mobile device account number/email address holder or that you have authority from such account holder to use the mobile number or email address in connection with the Service. Further, you are consenting to receive alerts, verification or security codes, and other communications from us by pre-recorded artificial voice messages, phone call or text message to that number. Text or data charges may be imposed by your carrier.

You agree to notify us of a change to your mobile number or email address by changing the information on your My Profile page on the Account Services Tab or by calling the FNBOTN Customer Care team at 888-777-9798. Further, you understand that if you do not want to receive any communications from us to your mobile number, you will remove the mobile number from your My Profile page or by calling the FNBOTN Customer Care team at 888-777-9798.

K. Statements.

All your payments and funds transfers made through the Service will appear on your monthly Account statement(s). The Payee or Username, payment amount, and Transaction Date will be reflected for each payment made through the Service. You can choose to receive statements and other communications electronically instead of in paper form. When a statement or document is delivered online, we send an email alert to you that it is available for viewing. To begin receiving electronic statements, you must consent to the terms of the eStatement Deliver Agreement and Disclosure.

L. Fees.

Your fees are as listed in the fee schedule of your Truth in Savings – Common features of your Account Agreement, as modified from time to time. We will notify you of any changes.

M. Equipment.

We are not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service; (ii) the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality; or (iii) any defect or malfunction of your PC, internet connection device or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement.

N. Business Days/Hours of Operation.

Our business days are Monday through Friday, except bank holidays. The Service is available 24 hours a day, seven days a week for the scheduling, modification, or review of payment orders and for funds transfers and balance inquiries, except during maintenance periods.

O. Notice of Your Rights and Liabilities.

1. Consumer Accounts. This subsection applies only to Accounts that are established primarily for personal, family or household purposes. Tell us AT ONCE if you believe that your password has been lost, stolen, or compromised. Otherwise, you could lose all the money in your Accounts accessed by the password. Telephoning is the best and fastest way of keeping your possible losses down. If 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:FNBOTN Customer Care Team: 888-777-9798Also, if your statement shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was made available 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 hospital stay) prevented you from telling us, we will extend the time periods.
2. Business Accounts. You agree to tell us of any unauthorized transactions, or the loss or compromise of your password, within two (2) business days of discovery. You may call your account officer or use the numbers listed in subsection (1) above. If you do not notify us in two (2) business days, we will not be responsible for unauthorized transactions that we could have prevented had you provided timely notice. In no event may you assert an unauthorized transfer claim against us more than 14 days after the record of such transfer became available online for access through your PC, whether such information was accessed.

P. Errors and Questions.

In case of errors or questions about your electronic transfers or payments, you should telephone FNBOTN Customer Care team at 888-777-9798.

We must hear from you no later than sixty (60) days after you received the FIRST statement or notification on any of your devices in which a problem or error appeared.

1. Tell us your name and account number.
2. 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.
3. Tell us the dollar amount of the suspected error.
4. If the suspected error relates to a bill payment made via the System Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question.

We will tell you the results of our investigation within ten (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 forty- five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within ten (10) business days, we may not re-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 twenty (20) business days to credit your account for the amount you think is in error. If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.

Q. Disclosure of Account Information to Third Parties.

We will disclose information to third parties about your Accounts or the transaction you make:

1. Where it is necessary for completing a transaction; or
2. To verify the existence and conditions of your Accounts to a third party, such as a credit bureau or merchant; or
3. To comply with a governmental agency or court orders; or
4. If you give us your written permission; or
5. To our affiliates or for purposes of offering or providing you other products or services; and
6. In accordance with our Privacy Notice

R. Termination

You may terminate your use of the Service at any time by calling FNBOTN Customer Care team at 888-777-9798, or write to: First National Bank of TN, Digital Banking Services, P.O. Box 379, Livingston, TN 38570. We may require that you put your request in writing. If you have scheduled payments with a future Transaction Date, you must separately cancel those payments prior to termination. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments made with those Transaction Dates. We may terminate your use of the service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if your Accounts are closed, you have not logged on to the service within the last (6) consecutive months, or access to your Accounts is restricted, for any reason.

Termination will not affect your liability or obligations under this Agreement for transactions we have processed on your behalf.

S. Limitation of Liability.

Except as otherwise provided in this Agreement, we 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 resulting from the use or the inability to use the Service incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of the Service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof.

T. Software.

The software programs providing the Services are provided “as is.” We disclaim all warranties whatsoever concerning the software, specifically including without limitation any warranty of fitness for a particular use or warranty of merchantability. The software contains trade secrets in its human perceivable form and, to protect them, you may not modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the software to human perceivable form. You may not create derivative works based on the software or remove any proprietary notices, labels or marks on the software or accompanying documentation. You agree not to transfer or otherwise sublicense the right to use the Services, attempt to copy or otherwise reproduce the Service; attempt to access or decompile, reverse engineer or otherwise derive the source code for the Service, resell or use the Service for the benefit of any other entity other than you, or alter, remove or fail to include any copyright notice or other proprietary rights notices that appear on any interfaces related to the Service or authorized reproductions thereof.

U. Privacy Notice.

Our Privacy Notice applies to your use of our website and our mobile device applications and supplements this Agreement. To the extent any information collected is “nonpublic personal information” as defined by the Gramm-Leach Bliley Act of 1999 and applicable regulations (as amended from time to time), the Privacy Notice for Customers of First National Bank of TN will apply to our use of such information.

V. Entire Agreement.

This Agreement is the complete and exclusive agreement between you and us related to the Service and supplements the Bank Depositor Agreement related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our associates or agents, this Agreement shall control.

W. Governing Law; Jurisdiction.

This Agreement is governed by the laws of the State of Tennessee except to the extent that federal law controls. The parties to this Agreement hereby waive any plea for jurisdiction or venue on the grounds that they are not located in a county in Tennessee in which Bank has an office, and hereby specifically agrees that any action brought to enforce, or relating to, this Agreement shall be instituted and prosecuted in the appropriate court of a County in which Bank has an office or in the United States District Court for the district assigned to said County and State.

X. Waiver of a Jury Trial.

All parties to this Agreement hereby knowingly and voluntarily waive, to the fullest extent permitted by law, any right to a trial by jury of any dispute, whether in contract, tort, or otherwise, arising out of, in connection with, related to, or incidental to this relationship between them in this Agreement or any other instrument, document or agreement executed or delivered in connection with this Service.

Y. Changes in Terms/Amendments.

We may change any term of this Agreement at any time. If the change would result in increased fees for any or all Money Movement services, increased liability for you, or stricter limitations on the frequency or dollar amount of Money Movement transactions, we agree to give you notice at least 21 days before the effective date of such change, unless an immediate change is necessary to maintain the security either of an account or our electronic fund transfer system. The 21-day advance notice may be eliminated when FNBOTN has reason to suspect fraudulent activity on the part of the User. We will post any required notice of change in terms on First National Bank of Tennessee’s Online Banking System website or will forward it to you by e-mail, postal mail or other courier. If advance notice of a change in terms is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change within 30 days after the change becomes effective. Your continued use of any, or all, of the subject Money Movement Services will indicate your acceptance of changes in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

Z. Money Movement Limits.

We reserve the right to adjust limits or remove permissions for Money Movement actions, including Bill Pay, and Zelle, at any time. We may limit the number of transactions and/or impose a dollar amount limit on transactions without notice to you. The limits on the frequency and dollar amount of money movement transactions are to protect you and First National Bank of TN from fraud and misuse.

II. BILL PAYMENT

A. The Bill Payment Service.

You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you or on your behalf and that has an address we can verify. You may also make payments through the Service to individuals, family, or friends for non-business purposes. Payments may be made only to Payees with a U.S. payment address. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-directed payments through the Service. We do not recommend using online bill payment services to fund brokerage or investment services. Loan payments, other than the amount due, cannot be designated as principal, interest, or payoff. We may impose a dollar amount limit on bill payment transactions. See I. General Section Z for information on limit adjustments.

B. Your Personal Payee List.

You must provide sufficient information about each Payee (“Payee Information”), as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account (“Payee Account”) to credit with your payment. This information may include, among other things, the name and address of the Payee and your Payee Account number. You can enter your Payee Information using “Bill Pay.” Additions, deletions, and modifications to Payee Information are also entered using “Bill Pay.”

C. Delivery of Your Payments.

You may schedule payments to be initiated on the day that you enter the payment information, on a future date, or on a recurring schedule, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be “initiated” on any day. The date on which a payment is to be initiated is the date on which funds are to be deducted from your Account. This date is referred to in this Agreement as the Transaction Date. If your recurring payment date does not exist in a particular month (for example, February 30), your payment will be initiated by the last day of that month, if a business day, or the following business day of that month. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check drawn on an account we maintain for this purpose, by electronic funds transfer, or by other means. For each payee you designate to receive a payment through the Service, the payment method, either check or electronic funds transfer, alerts you to how the payment will be sent. Because of the time it takes to transmit your payment to your Payees, they generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a Future Payment, or a Recurring Payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date for each payment sent by electronic funds transfer must be at least 2 business days as specified in the Payee details in the online/mobile banking system prior to the date your payment is due (payee lead times may vary), excluding any applicable grace periods (the Electronic Transfer Due Date) and for each payment sent by check at least 8-10 business days prior to the date your payment is due, excluding any applicable grace periods (the Check Due Date); the Electronic Transfer Due Date and the Check Due Date are collectively referred to as the Due Date). We will not be responsible for any loss you may incur because of a late payment if you do not follow the bill pay rules stated above.

How to Cancel a Bill Payment. Using the Online Banking Bill Payment Service, you may change or delete recurring or future-dated payments prior to 7:00pm CST on the Transaction Date. You can change/edit a recurring or future-dated payment by navigating to “Payments” and selecting the scheduled payment under the subsection “Scheduled Payments.”

D. Stop Payment Requests.

Bill Payment. Stopping the payment of a check is different from the cancellation of a bill payment. After 7:00pm Central time on the send on date, you CANNOT cancel or stop a payment which has been paid electronically. You may be able to stop a System bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared at 888-777-9798.) If the paper draft has not cleared, we will immediately process your stop payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the confirmation number from the Bill Payment History Screen.

Checks. You may initiate stop-payment requests through the Personal Internet Banking system ONLY for paper checks that you have written (non-electronically) on your FNBOTN accounts (not System bill payer paper drafts). Stop-payment requests which have all the required information and are submitted to the System on a business day will be processed on that day. Stop-payment requests which are submitted at a time that the System is temporarily out of service will be processed as soon as the System is back in service. To be effective, the type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. By pressing Submit Request you are sending a stop payment request to First National Bank of TN which is legally binding for 6 months.

You will incur stop-payment charges for any stop-payment submitted, whether for a check written or a bill payment submitted through the System, as disclosed in the current Truth in Savings Fees Schedule.

E. Uncompleted Payments.

If we remit your payment to a Payee that is rejected or returned during the payment processing cycle, e.g., invalid payee address, account number, merchant rejection, postal service delay, the funds will be credited back to your account upon receipt from our bill payment processor. If a payment is made by mailing your Payee a check drawn on an account we maintain for this purpose and the check has not been presented for payment within ninety (90) days after the Transaction Date, a stop payment order on the check will be initiated and the funds will be refunded to your Account.

III. MOBILE BANKING

Should you elect to use Mobile Banking, which includes Mobile Deposit, you will be subject to the following additional terms and conditions:

A. Description.

Mobile Banking allows you to access your Account information, make payments or transfers to Payees and make other such payments or transfers as are described on our website, https://www.fnbotn.com, using compatible and supported mobile phones and/or other compatible and supported wireless devices (Wireless Devices). We reserve the right to modify the scope of the Mobile Banking services at any time. We reserve the right to refuse any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.

B. Use of Mobile Banking.

You agree to accept responsibility for learning how to use Mobile Banking and agree that you will contact us directly if you have any problems with your Mobile Banking. You also accept responsibility for making sure that you know how to properly use your Wireless Device, as well as any software that might be used. We may modify Mobile Banking from time to time in our sole discretion. In the event of such changes or modifications, you are responsible for making sure that you understand how to use Mobile Banking as so modified. We will not be responsible for any losses caused by your failure to properly use the Mobile Banking services or your Wireless Device.

C. Relationship to Other Agreements.

You agree that, when using Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your wireless telecommunications provider (i.e., AT&T, Verizon), and this section of the Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might affect your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking) and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.

D. User Conduct.

You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

E. Fingerprint and Facial Recognition ID.

Fingerprint and Facial Recognition ID for Mobile Banking are alternative authentication methods for logging in to Mobile Banking. Fingerprint and Facial Recognition ID for Mobile Banking use the fingerprints or unique facial pattern (biometric data) saved to your device to authenticate your identity, instead of using your Digital Banking Username and password. Your biometric data is neither accessed nor stored by us. If any changes are made to the biometric data stored on your device, your Digital Banking Username and password will be required at the next login. Afterwards, any biometric data stored on your device can be used to access Mobile Banking until you disable Fingerprint or Facial Recognition ID.

Fingerprint and Facial Recognition ID for Mobile Banking can be enabled by going to More/Settings/Quick Access and clicking the Enable button. Once enabled, any biometric data stored on your device can be used to access your Accounts in Mobile Banking. We recommend that you NOT use Fingerprint ID if you share any devices that have the Mobile Banking app. You can disable Fingerprint or Facial Recognition ID at any time by going to More/Settings/Quick Access, and clicking the Disable button. If you believe someone has gained unauthorized access to your online account, or that your password and/or Username have been stolen, call the FNBOTN Customer Care team at 888-777-9798.

F. Limitations of Mobile Banking.

When using Mobile Banking, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue Mobile Banking, in whole or in part, or your use of Mobile Banking, in whole or in part, immediately and at any time without prior notice to you.

G. Indemnification.

Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless us and our affiliates and service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of Mobile Banking or the Software, your violation of this section of the Agreement or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

H. Hardware and Software.

To use Mobile Banking, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. We are not responsible for any third-party software you may need to use Mobile Banking. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter directly with the third- party software provider at the time of download and installation.

I. DISCLAIMER OF WARRANTIES.

YOU AGREE YOUR USE OF MOBILE BANKING 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 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 NONINFRINGEMENT. NO WARRANTY IS PROVIDED 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 SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

J. Charges for Mobile Banking.

There is no charge for using Mobile Banking. Should there be charges for Mobile Banking in the future, you will be given appropriate notice. Your wireless telecommunications provider for your Wireless Device or other third parties that you may utilize may impose fees to make that device data-capable, to exchange data between the Wireless Device and the mobile web or mobile app (as applicable) or based on the location of your use (e.g., fees for roaming or using your wireless device in a foreign country).

K. MOBILE DEPOSIT.

You must have an account relationship with First National Bank of Tennessee for at least thirty (30) calendar days. If you are eligible and choose to use Mobile Deposit, you will be subject to the following additional terms and conditions:

1. Description. Mobile Deposit is designed to allow you to make deposits to your Accounts from your Wireless Devices using its camera to take images of the checks and delivering those images and associated deposit information to us. Mobile Deposit may only be used for personal, non-business accounts in accordance with this Agreement. We may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only.
2. Acceptance of Terms. By subscribing to Mobile Deposit or using the Mobile Deposit service, you agree that you have complied with online instructions in accessing Mobile Banking, and that you will be bound by the terms of this Agreement, and you will follow all other procedures and instructions for use of Mobile Deposit as we may establish from time to time. We reserve the right, in our sole discretion, to modify the terms of the Agreement and procedures relating to Mobile Deposit service. In the event such modifications are not acceptable to you, you have the option of terminating the Agreement and use of Mobile Deposit service. Your continued use of Mobile Deposit service will indicate your acceptance of any such modifications or changes to the Mobile Deposit service.
3. Eligible Items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (Reg. CC). You agree that the image of the check transmitted to us shall be deemed an item within the meaning of Article 4 of the Uniform Commercial Code as adopted in Tennessee. You agree that you will not use Mobile Deposit to scan and deposit any checks or other items as shown below
   • Checks or items payable to a third party or any person or entity other than you, including a check payable to Cash.
   • Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
   • Checks or items previously converted to a substitute check (image replacement document IRD), as defined in Reg. CC.
   • Checks or items drawn on a foreign bank or payable in a foreign currency.
   • Checks or items that are demand drafts or remotely created checks (checks lacking the original signature of the drawer).
   • Checks that have been previously returned to you for any reason.
   • Checks or items dated more than six months prior to the date of deposit.
   • Checks or items that contains MICR data that is not machine readable or do not pass image quality checks.
   • Checks or items that were previously processed in a mobile deposit.
4. Image Quality. The image of a check or item transmitted to us using Mobile Deposit must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, or other clearinghouses.
5. Endorsements. You agree to restrictively endorse (sign on the back) any item transmitted through the Service as For Mobile Deposit Only, to First National Bank of Tennessee (FNBOTN) followed immediately by your endorsement (signature) or as otherwise instructed by us.
6. Receipt of Items. We reserve the right to reject any item transmitted through the Mobile Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. You agree to receive notices electronically relating to the Mobile Service whether you have previously agreed to accept electronic disclosures for any of your Accounts. An image of an item shall be deemed received when you receive an electronic confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error-free or complete.
7. Representations and Warranties; Indemnification. As to all items transmitted to us, you represent and warrant that: (i) you will comply with the terms and conditions set forth in this Agreement; (ii) you will only transmit eligible items; (iii) you have good title to each check and item and no defense of any party to the check is good against you; (iv) the original check, or a paper or electronic representation, has not previously been deposited for collection with us or any other financial institution, and no depositary bank, drawee, or drawer will be asked to pay a check that it already has paid; (v) you have no knowledge or notice of information to indicate that the transaction is fraudulent. You agree to indemnify and hold us, our affiliates, directors, officers, associates, and agents harmless from and against all losses, liabilities, cost, damages, and expenses (including reasonable attorney’s fees and costs of litigation) to which we may be subjected or which we may incur in connection with any claims which might arise from or out of your use of Mobile Deposit or the Mobile Service.
8. Availability of Funds. You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Regulation CC. Funds deposited using the Service will generally be made available according to the Bank’s current Funds Availability Policy In some cases, we may not make the funds available in accordance with the general policy. The length of the delay is counted in business days from the day of your deposit. If you make a deposit before 4 p.m. CT on a banking business day (every day except Saturdays, Sundays, and federal holidays), we will consider that day to be the day of deposit. If you transmit an item after 4 p.m. CT, or on a day we are not open, we may consider that the deposit was made on the next business day we are open.
9. Safeguard and Disposal of Transmitted Items. Upon confirmation of the completed posting of a mobile deposit to an Eligible Account, whether by review of mobile or online banking transaction history or account statement, you agree to mark the deposited check(s) “ELECTRONICALLY PRESENTED”. Upon our request, you will deliver to us within ten (10) calendar days, at your expense, the requested check in your possession to aid in the clearing or collection process or to resolve claims made by you, us or any other party with respect to any items or for First National Bank of Tennessee’s audit purposes. If not provided in a timely manner, the face amount of the item may be reversed from your account. Promptly after 45 calendar days have expired, you agree to destroy the check(s) that were transmitted as a mobile deposit by shredding or otherwise rendering the item(s) incapable of further transmission, deposit or presentment. After destruction of the check(s), the image will be the sole evidence of the check. You agree that you will never negotiate or re-deposit the original check.
10. Deposit Limits. Deposits transmitted through the Mobile Deposit service are limited to a specified daily dollar amount. This limit can be found within the Mobile Banking application. We reserve the right to change limits on the amount(s), number of deposits, and number of deposited items per day that you transmit using Mobile Deposit and may modify such limits from time to time.
11. Deposit Errors. You agree to notify us of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than sixty (60) days after the applicable Account statement is sent or made available to you. Unless you notify us within sixty (60) days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

IV. CARD CONTROL

A. The Card Control Feature.

Our Card Control feature (Card Control) enhances the Service we provide under this Agreement by allowing you to disable and enable certain functionalities of eligible debit cards (Eligible Card(s)) that are associated with your Digital Banking profile while accessing the Service using our mobile phone applications. Your quickly disabling Eligible Cards may help prevent and mitigate losses arising from unauthorized card transactions. However, our offering of this feature and your use of it does NOT relieve you of your obligations under Section I. O., Notice of Your Rights and Liabilities, or under the cardholder agreement governing your debit card, to provide timely notice to us if you believe your password or other authenticating information has been lost, stolen or compromised or that unauthorized transactions have occurred or may occur on your Eligible Card Account.

B. Advanced Card Control Feature.

Our Advanced Card Control feature further enhances the Service we provide under this Agreement by allowing you to track specific locations, manage notification preferences, customize your settings, and utilize location-based controls for eligible debit cards. This feature is only available within the Mobile Banking app. This Service is offered at no charge, although your mobile carrier’s message and data rates may apply. The following features are included:

1. Establish Spending Limits. Transaction above a specified amount can be blocked and alert notifications sent when the set limits are exceeded.
2. Location Based Controls. Using your mobile phones GPS, the Locations feature can limit transactions to merchants within a certain range of your phone’s location. You can also restrict purchases made in a specific geographic location.
3. My Merchants. Allows cardholders to set up and receive alerts and/or block transactions based on the merchant type used to make purchases such as gas stations, restaurants, department stores and grocery stores.
4. Notifications. If you enable alerts, we will send a notification whenever you make a purchase or when your card transaction is declined. Notifications will be sent as an in-app message.

C. Accessing Card Control.

The card control feature will be accessible by a button labeled Wallet located in the top right corner of the app once you are logged on, and can also be accessed from the More menu option located in the lower right-hand corner of the app. When the Card Control button is pressed, debit cards associated with your Digital Banking profile that are eligible for Card Control will be listed. The following will also be displayed: (i) the last four digits of your card number(s); (ii) whether the Card Control status of the card is on or off; and (iii) a Card Control toggle that you can use to enable or disable the card. Advanced Card Controls will be accessible under the cards listed in your profile.

D. Using Card Control.

You can change the status of an eligible card in real time at any time. Recurring debits and future-scheduled debits may or may not be accepted while the card is disabled. If you want to make sure that all pre-existing recurring debits are blocked, you will need to manually stop recurring debits that you established and ask any creditor that initiates recurring debits at your request to stop initiating such debits. The toggle position will change to reflect the updated status.

E. Disabled Status – Debit Cards.

When your debit card is in a disabled status, only your card will be affected. Transactions made using debit cards issued to others and tied to the same deposit Account as your card will not be impacted. Recurring debits and transactions any cardholder authorized on your card prior to your disabling it may or may not be accepted depending on the process a merchant uses to initiate the debit. If you want to make sure that all pre-existing recurring debits are blocked, you will need to manually stop recurring debits that you established and ask any creditor that initiates recurring debits at your request to stop initiating such debits. ATM transactions will be rejected. Point-of-sale and online transactions will be rejected although there may be circumstances in which smaller dollar point-of-sale and online transactions may be posted and paid. These smaller dollar transactions can be charged back if you promptly notify Bank that these transactions are unauthorized, and they are determined to be unauthorized.

F. Liability.

In the event you disable a card, and an unauthorized transaction is accepted that should have been rejected because of the cards being in disabled status, the Banks liability for your losses and damages will be limited to those directly and proximately caused by the failure to reject the transaction and will not include indirect, consequential, special, or exemplary damages.

G. Service Disclaimer.

There may be service disruptions or events beyond our control that could adversely affect the Card Control Service. Such disruptions or events include, but are not limited to, telecommunication system delays or outages; power outages; network, communication, or data plan outages; natural disasters; or any other event outside of the control of us. Any such disruption or event may block or otherwise limit your usage of the Card Control Service and/or use of your Debit Card based off the card settings in place at the time of the disruptions. You agree that we will not be liable for any losses or damages because of Service unavailability. You must always examine your Account statements promptly and routinely review all transactions and other activity on your Account.

V. ZELLE NETWORK

A. Description of Services.

1. We participate in the Zelle Network (Zelle) to enable a convenient way to transfer money between your Accounts 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 phone numbers (the Zelle Service). We will refer to financial institutions that have partnered with Zelle as Network Banks.
2. 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.
3. THE ZELLE 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.

B. Eligibility and User Profile.

When you enroll to use the Zelle Service, you agree to the terms and conditions of this Agreement. 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 Zelle 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 Zelle Service is intended for personal, not business or commercial use. You agree that you will not use the Zelle 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 Zelle 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 Zelle Service if we believe that you are using the Zelle Service for business or commercial purposes, or for any unlawful purpose.

If we have reason to believe that you have used the Zelle Service for any unlawful purpose, made excessive or unexplainable transfers, violated any parts of this Agreement, or provided any incorrect information, we may take various actions to protect us, Zelle, Network Banks, another User, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties, and any other liability. The actions we may take include but are not limited to the following:

1. We may close, suspend or limit your access to the Zelle Service.
2. We may contact Users or Network Banks who have sent you money, and warn other Users, Zelle, Network Banks, law enforcement or third parties of your actions.
3. We may update inaccurate information you provided us.
4. We may refuse you access to the Zelle Service in the future, and
5. We may take legal action against you.

We reserve the right to change, suspend or discontinue, or terminate your access to, the Zelle Service, in whole or in part, or your use of the Zelle Service, in whole or in part, immediately and at any time without prior notice to you.

C. 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 Zelle Service. By using the Zelle Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use or disclose information related to your wireless subscriber account (such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information) to First National Bank of TN or its service providers, which they may use for the duration of your business relationship with them, solely to verify your identity and help prevent fraud. See Zelle’s Privacy Policy [https://www.Zellepay.com/privacy- policy] for how it treats your data. First National Bank of TNs Privacy Policy can be accessed at https://www. fnbotn.com//privacy-statement.

D. Enrolling for the Zelle Service.

1. To enroll for the Zelle Service, you must select an email address that you regularly use and intend to use regularly and a permanent U.S. mobile telephone number that you intend to use for an extended period for Digital Banking. You may not enroll in the Zelle Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. You must also indicate the Account you will use with the Zelle Service. We reserve the right to restrict the Accounts that are eligible for the Zelle Service.
2. Once enrolled, you may: (a) authorize a debit of your Account to send money to another User either at your initiation or at the request of that User; and (b) receive money in your Account from another User either at that Users initiation or at your request, subject to the conditions of the Section below titled Requesting Money.

E. 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 file; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle’s or our sole judgment, 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.

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

F. Consent to Emails and Automated Text Messages.

By participating as a User, you represent that you are the owner of the email address, 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 email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. Each time you send money to or request money from a User, you are authorizing us to send emails and/or automated text messages on your behalf to that User. 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 Zelle Services or related transfers between Network Banks and you. You further acknowledge and agree:

1. 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 or applicable fees, as message and data rates may apply.
2. You will immediately notify us if any email address or mobile phone number you have enrolled is (a) surrendered by you, or (b) changed by you.
3. 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.
4. Your wireless carrier is not liable for any delay or failure to deliver any message 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.
5. To cancel text messaging form us, sent STOP to 20736. For help or information regarding text messaging, send HELP to 20736.
6. If you would like to update your alert preferences, please log in to Digital Banking and visit the settings Zelle Notifications section to remove, change or add a mobile device to your alert preferences. For account-specific questions, please log in to Digital Banking and send us a secure message or contact the FNBOTN Customer Care team at 888-777-9798.

G. Identity Verification.

You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity. This may include asking you for further information and/or documentation about your use of the Zelle Service or identity or requiring you to take steps to confirm ownership of your email address, wireless/ cellular telephone number or Account, and verifying your information against third-party databases or through other sources. This process is for internal verification purposes. 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 Zelle Service. By using the Zelle Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, 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. See Zelle’s Privacy Policy at https://www.Zellepay.com/legal/website-privacy-notice for how it treats your data.

H. 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 Zelle Service, you have no ability to stop the transfer. By using the Zelle Service, you agree and authorize us to initiate credit entries to the Account you have enrolled. Most transfers of money to you from other Users will occur within minutes, however, there are circumstances when the payment may take longer. For example, to protect you, us, Zelle and the other Network Banks, we 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 you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment. Any amounts credited to your Account are subject to the terms and conditions of the Bank Depositor Agreement. The immediate use of money transferred to your Account may be restricted.

If you receive money and the transfer is later invalidated for any reason, you will be responsible for the transfer, plus applicable fees, if there is a reversal of the transfer for any reason. You agree to allow us to recover any amounts by debiting your Account. If there are insufficient funds in your Account to cover the amount due, you are liable to us for the shortage, costs, and attorney’s fees in accordance with the Bank Depositor Agreement.

I. Sending Money; Debits by Network Banks.

You may send money to another User at your initiation or in response to that Users request for money. Your Account must contain sufficient funds to complete the transfer. You understand that use of the Zelle Service by you shall always be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your Account. You understand that when you send the payment, you will have no ability to stop it. You may cancel a payment only if the person to whom you sent the money has not yet enrolled in the Zelle Service. If the person you sent money to has already enrolled with Zelle, either in the 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 canceled 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, 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 the Zelle Mobile app or with a 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 enrolled as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur. The transfer may also be delayed or blocked to prevent fraud or comply with regulatory requirements. 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.

J. 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 typographical errors or keystroke errors that you may make when using the Zelle 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).

K. Requesting Money.

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests 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.

By accepting this Agreement, 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 a 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 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.

L. Limits.

We do limit the dollar amounts of outgoing transfers made using the Zelle Service, notwithstanding the amount in the Account. Your ability to send or receive money will also be subject to any limitations applicable to your Account in accordance with the Bank Depositor Agreement.

M. Right to Terminate Access.

You may terminate your use of the Service at any time by calling the FNBOTN Customer Care team at 888-777-9798, or write to: First National Bank of TN, Digital Banking Services, P.O. Box 379, Livingston, TN 38570.

N. 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 ZELLE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH REGARD TO THE ZELLE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE ZELLE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.

O. Limitation of Liability.

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS 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 ZELLE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE SERVICE DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE SERVICE DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE 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 NETWORK BANKS 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).

P. Indemnification.

You acknowledge and agree that you are personally responsible for your conduct while using the Zelle Service, and except as otherwise provided in this Agreement, 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 your use, misuse, errors, or inability to use the Zelle Service, or any violation by you of the terms of this Agreement.

Q. Miscellaneous.

Subject to the terms of this Agreement, the Zelle Services are generally available 24 hours a day, seven days a week apart from outages for maintenance and circumstances beyond our or Zelle’s control. The FNBOTN Customer Care team is available Monday through Friday, excluding U.S. bank holidays. Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license. In accordance with the arbitration provision in the Bank Depositor Agreement, you acknowledge and agree that for any claims or disputes you assert against Zelle and Early Warning Services, LLC, Zelle and Early Warning Services, LLC are entitled to enforce this provision against you.

VI. GLOSSARY

Accounts: A general term referring to accounts that you have with First National Bank of TN.

Business Days: Monday through Friday, excluding Holidays.

Electronic Funds Transfers: ATM withdrawals, preauthorized transactions, point of sale transactions and all other transfers to and from your accounts using the System including Bill Payments and Zelle.

Cookies: In proper form, an HTTP Cookie. This is a small piece of data sent from a website and stored on the connected internet- capable device to provide history and authentication information. These are stored for your convenience and security.

Custodial Accounts: An account established by a party for or on behalf of a minor or another individual.

Payees: A general term for bill payment service recipients. In Digital Banking, these are referred to as Person, Company, and Custom bill pay Recipients.
Service: A general term referring to the Digital Banking platform in its entirety.

System and System Services: Any and all services provided pursuant to this Agreement, including Bill Payment Services, e-Statements, Quicken or Microsoft Money functionality or other digital banking services.

Consent to Electronic Delivery of Notices
You agree that each and every notice of other type of written communication provide to you relative or pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic funds transfer disclosures, may be made either by U.S. or other Mail or courier service, by facsimile transmission, or electronically by email to you, each to such addresses as we have on file for you, or electronically by posting the notice on First Nationals Internet Banking System website. You also agree that we, at our sole discretion maybe determine the method of delivery in each such case and that you will notify us immediate of any changes in your mailing, physical, facsimile, email and/or other contact addresses.

Your signature below acknowledges your acceptance of this agreement.

By:  _______________________________________
      Customer Name and Signature

Dated: _____________________________________

MOBILE END USER TERMS

This service is provided to you by First National Bank of Tennessee and powered by a Third Party (the “Licensor”) mobile technology solution. These End User Terms are a legal agreement between you and First National Bank of Tennessee.

SECTION A

First National Bank of Tennessee TERMS AND CONDITIONS
Thank you for using First National Bank of Tennessee Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to . To cancel your plan, text “STOP” to at anytime. In case of questions, please call the FNBOTN Customer Care team at 888- 777-9798.

Terms and Conditions

1. The 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 First National Bank of Tennessee. 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. The services are provided by First National Bank of Tennessee and not by any other third party. You and First National Bank of Tennessee are solely responsible for the content transmitted through the text messages sent to and from First National Bank of Tennessee. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

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

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