FIRST CENTURY BANK, N.A. AND INGO MONEY, INC.
MOBILE CHECK CAPTURE BY INGO MONEY SERVICE TERMS AND CONDITIONS

These Terms and Conditions (“Terms and Conditions”) govern your use of the Mobile Check Capture by Ingo Money service (“Ingo”) in the American Express® Serve mobile app (the “Serve Mobile App”) to credit funds from check cashing transactions to your American Express Serve Account (“Serve Account”). Ingo is offered by First Century Bank, N.A. (“Bank”), a nationally chartered financial institution, and Ingo Money, Inc. (“Ingo Money”). In order to use Ingo, you must have an active Serve Account that is (i) issued in your name, (ii) active, and (iii) eligible to be credited using Ingo. These Terms and Conditions apply to Ingo and supplement the Consumer User Agreement governing your use of the Serve Account (the “Consumer User Agreement”).  The Consumer User Agreement also applies to your use of Ingo, but if there is any difference between the Consumer User Agreement and these Terms and Conditions, these Terms and Conditions control with respect to Ingo. Capitalized terms have the same meaning as given in the Consumer User Agreement unless otherwise specified herein.

In these Terms and Conditions, “you” and “your” means the Accountholder who has enrolled in Ingo.  Sub-Account Users are not eligible to use Ingo.  Generally the term “Ingo” means the Mobile Check Capture by Ingo Money service and “we,” “us” or “our” means Bank and Ingo Money, although some obligations will be performed solely by Bank or solely by Ingo Money. In order to participate in Ingo, you must be eligible for and comply with the Ingo enrollment process.

These terms are for use of Ingo through the Serve Mobile App. Pricing, terms and conditions may differ if you use Ingo through any app other than the Serve Mobile App. In that event, you will be provided with the terms and conditions applicable to that service.

SUMMARY OF TERMS


General

You may use the Ingo service in the Serve Mobile App to submit checks to Bank for credit to your Serve Account, following Ingo Money’s review of your check for funding approval.

Services

Ingo is operated by Ingo Money and Bank.

Ingo Money will verify your identity, enroll you in the service and review your checks for approval.

You shall endorse, assign and transfer to Bank all checks approved for funding. Bank will deposit your check in its own account for clearing and collection and is responsible for crediting funds from your check to your Serve Account (less applicable fees). Bank is responsible for compliance with all regulatory requirements, including but not limited to, verification of your identity, money transmittal, and check cashing to the extent applicable.

Checks which return unpaid will be transferred and assigned to Ingo Money for collection.

Money in Days

Choose 10-day delayed funding and Bank will credit your Serve Account for the amount of the check in 10 days if Ingo approves your check and it is not returned unpaid within the 10-day period.

Money in Minutes

Choose expedited funding and Ingo will review your check for approval within 1 hour. If Ingo approves your check, Bank will initiate a credit to your Serve Account for the amount of your check, less the Ingo fee, typically within a few minutes.  Neither we nor your Serve Account issuer are responsible for processor or internet outages.

Approval

If Ingo Money approves your check for funding, Ingo Money is agreeing that it will assume the losses associated with any approved and funded check which Bank is unable to collect. Because Ingo Money is assuming the risk of collection of the amount of your check from the writer of the check, Ingo Money may approve or reject your check for funding in its sole discretion based on a variety of factors.

Fees

Money in Days (10-Day Delayed Funding):

  • No fee

 

Money in Minutes (Expedited Funding):

  • 1% for payroll and government checks with a pre-printed signature, with a minimum fee of $5.00.
  • 5% for all other accepted check types, including hand-signed payroll and government checks, with a minimum fee of $5.00.

 

IF YOU ACCESS INGO THROUGH ANY METHOD OTHER THAN THE SERVE MOBILE APP, FEES MAY BE DIFFERENT, HIGHER OR LOWER THAN THOSE LISTED HERE AND IN THE SERVE MOBILE APP.

Funds

Once your check has been approved and funds are credited to your Serve Account, the money is yours to keep and safe to spend, even if the check bounces or is returned unpaid for any reason, other than as a result of any fraudulent conduct by you. Ingo Money will collect the funds from the writer of the check.

Fraud

If Ingo Money or Bank determines that you knew a check was bad when you sent it, if you had already deposited or cashed the check elsewhere before it has been submitted to Ingo or try to deposit or cash the check elsewhere after it has been funded by Ingo, or if you otherwise engaged or engage in fraudulent behavior, Ingo Money and Bank reserve the right to pursue you for the return of all funds credited to your Serve Account, and may pursue any other remedies available under applicable law.

Check Requirements

Ingo accepts most types of government, payroll, personal or other checks for review and approval. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears on your Serve Account, have matching numbers in the two amount lines, be signed by the check writer, be endorsed by you, and the endorsement must match the name on the payee line on the front of the check.

Ingo does not generally accept credit card checks, traveler’s checks other than from American Express, “starter checks” or other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or checks drawn on accounts located outside of the United States or payable in currency other than US Dollars.

Ingo may or may not accept checks you have written to yourself, in Ingo’s sole discretion.

Check Limits

Checks must be in an amount between $10 and $5,000. The use of Ingo is limited to $5,000 per check, $5,000 per day and $10,000 per month.

Funding Limits

Your ability to receive a credit of funds to your Serve Account is also subject to funding limits and availability restrictions set forth in your Consumer User Agreement, taking into account all account funding transactions, maximum balance limits, daily and other load limits, and other limitations imposed by your Serve Account issuer. You may also be prevented from crediting funds to your Serve Account if you have not met the requirements for adding funds to your Account as specified by the Consumer User Agreement, which may include activation of your Serve Card or other requirements. If you have exceeded your limits or failed to meet any other requirements of your Serve Account, Ingo or your Serve Account issuer may decline the credit of funds to your Serve Account.

Privacy

Your personal data is collected during your enrollment in Ingo, when you submit checks for funding, when you otherwise provide it to us, and when we collect it during performance of our obligations under these Terms and Conditions. Please refer to the Mobile Check Capture by Ingo Money Service Privacy Policy at http://www.ingomoney.com/partners/amex/privacy-policy for information regarding our use of this information.  A link to the Mobile Check Capture by Ingo Money Service Privacy Policy may also be found within the Serve Mobile App.

Third Party Information

We may obtain information and reports about you and your financial and transaction history from credit reporting agencies, other data sources, and from your Serve Account issuer to help us verify your identity and assess the risk of transactions you submit for our approval. You consent to us obtaining and using this information.

TERMS AND CONDITIONS


By using Ingo, you are agreeing to these Terms and Conditions with Ingo Money and Bank. Once enrolled, at any time during your use of Ingo, you may request a copy of the Mobile Check Capture by Ingo Money Service Terms and Conditions by phone at (229) 276-3887. These Terms and Conditions are available to be viewed and/or downloaded and printed at any time by visiting http://www.ingomoney.com/partners/amex/serve-terms-conditions. They are also available in the Ingo portion of the Serve Mobile App. Please read these Terms and Conditions carefully.

1. Ingo Description.

A. Generally. Ingo is operated by Bank and Ingo Money. Ingo accepts most types of government, payroll, personal or other checks for review and approval. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears on your Serve Account, have matching numbers in the two amount lines, be signed by the check writer, be endorsed by you, and the endorsement must match the name on the payee line on the front of the check. We do not generally accept credit card checks, traveler’s checks other than from American Express, “starter checks” or other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or checks drawn on accounts located outside of the United States or payable in currency other than US Dollars. We may or may not accept checks you have written to yourself, in our sole discretion.

B. Ingo Money Obligations. Ingo will enroll you in the service and review your checks for funding approval. Approved and funded checks which return unpaid will be transferred by Bank to Ingo Money for collection.

C. Bank Obligations. You will endorse, transfer and assign all checks approved for funding to Bank for processing and funding. Bank will deposit your approved check in Bank’s account for clearing and collection, and is responsible for crediting funds from your check to your Serve Account, less Ingo fees. Bank is responsible for compliance with all regulatory requirements, including but not limited to verification of your identification, money transmittal, and check cashing. Bank may outsource certain data processing, customer service and other non-financial functions to Ingo Money under Bank’s supervision, review, and approval.

2. Changes to Terms and Conditions.

Ingo Money and Bank may amend or change these Terms and Conditions (including any applicable fees) from time to time in our sole discretion by sending you written notice by electronic mail or postal mail, by notifying you in the Ingo portion of the Serve Mobile App, or by posting the updated Terms and Conditions on the Ingo website at http://www.ingomoney.com/partners/amex/serve-terms-conditions When there are material changes to these Terms and Conditions, including changes to fees, policies, transaction limits, or terms affecting your use of Ingo, you will be asked to accept such changes prior to your next transaction. If you do not agree to the changes, you will not be allowed to use Ingo. If you find the Terms and Conditions unacceptable to you at any time, please discontinue your use of Ingo. Your continued use of Ingo after we have made such changes available will be considered your acceptance of those changes. These Terms and Conditions apply solely to your use of Ingo to credit funds from approved checks using Ingo in the Serve Mobile App.

3. Use of Ingo; Approval of Enrollment; Security; Cancellation; Suspension or Termination.

A. Use of Ingo. By using Ingo, you represent and warrant to Ingo Money and Bank that: (i) you are at least 18 years of age or higher based on the age of majority in your jurisdiction (for example, you must be at least 19 if you reside in the states of Alabama and Nebraska where the age of majority is 19, or 21 if you reside in the Commonwealth of Puerto Rico); (ii) you are a U.S. citizen or legal alien residing in one of the 50 states, the District of Columbia or the U.S. territories and commonwealths, including Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the U.S. Minor Outlying Islands (collectively known as the “U.S. Territories and Commonwealths”); (iii) all the information you provide or have provided to us at enrollment and in connection with each check submitted for approval is true, correct, and complete; (iv) you received a copy of these Terms and Conditions and agree to be bound by and to comply with its terms; and (v) you accept services from Ingo Money and Bank. You must have a verifiable address inside of the United States or the U.S. Territories and Commonwealths and be inside the United States or the U.S. Territories and Commonwealths when using Ingo. You agree not to use Ingo for any purpose prohibited by law.

B. Approval of Enrollment; Ongoing Use; Contact. Your enrollment in and use of Ingo is subject to Ingo Money’s initial and ongoing review and approval, including confirmation of your identity. Ingo Money or Bank may accept or reject your Ingo enrollment for any reason or no reason in our absolute discretion. From time to time as you use Ingo, we may ask you additional questions or obtain information from third parties to confirm your identity. It is your responsibility to keep your primary email address and contact information up to date so that we can communicate with you. Any communication we send to your contact information on file will be deemed received by you. You can update your information by calling Ingo Money at (229) 276-3887. If your email address becomes invalid, we may inactivate your account until it is updated with a valid email address.

C. Cancellation of Use of Ingo. You may cease your use of Ingo at any time, simply by not using it. You may also cancel your enrollment with Ingo at any time by emailing us at help@ingomoney.com. No fees paid for Ingo services already rendered will be refunded under any circumstances, including upon our suspension or termination of your ability to use Ingo as described below, your cessation of use of Ingo, or the expiration or cancellation of your Serve Account.

D. Suspension or Termination of Use of Ingo. Ingo Money or Bank may suspend or terminate your use of Ingo at any time if you fail to perform any of your obligations to us as set forth in these Terms and Conditions, or if Ingo Money or Bank determines in their sole discretion that you are or potentially are misusing or abusing the Ingo service. We may re-evaluate your qualifications for use of Ingo and transaction history at any time and from time to time, reconfirm your identify, or suspend or terminate your use of Ingo, if we decide in our sole discretion that you no longer qualify for the Ingo service for any reason, including but not limited to suspicion of fraud, sending us uncollectible checks, or failure to verify your identity. No such termination or suspension will affect any of your or our respective rights and obligations arising under these Terms and Conditions prior to such action. If you believe that any suspension or termination of your account is in error, you may contact us by calling (229) 276-3887.

E. Credit Reports and Third Party Information. You authorize us to obtain information and reports about you and your financial and transaction history from credit reporting agencies, other data sources and from your Serve Account issuer to help us verify your identity and assess the risk of transactions you submit for our approval. You consent to the disclosure of such information and to us obtaining and using this information.

F. Carrier Provided Information. You authorize your 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 details, if available, to Ingo and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. See our privacy policy at http://ingomoney.com/privacy-policy.html for how we treat your data.

4. Account Funding; Fees; Account Funding Errors; Dishonored Checks.

A. Check Requirements. You may send us most types of government, payroll, personal or other checks for review and approval by Ingo Money. Ingo does not generally accept credit card checks, traveler’s checks other than from American Express, “starter checks” and other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or any check drawn on an account located outside of the United States or payable in currency other than U.S. Dollars. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears on your Serve Account, have matching numbers in the two amount lines, be signed by the check writer, be endorsed by you, and the endorsement must match the name on the payee line on the front of the check.

B. Timing Options for Receiving Funding Credits. When you send a check to Ingo for funding approval using the Ingo portion of the Serve Mobile App, you will be given a choice to (i) receive funds credited to your Serve Account with no fee in 10 days if your check is approved and it is not returned unpaid within the 10-day period (“Money in Days”), as described in more detail below, or (ii) receive funds credited to your Serve Account on an expedited basis for a fee, subject to check approval (“Money in Minutes”). Details on how to send checks to us using the Ingo portion of the Serve Mobile App are available in the Serve Mobile App.

C. Retain Your Check. Once you have sent your check to Ingo Money for funding approval, you must retain the check until we inform you of the approval or decline of your check. You may not send us any check you have deposited or cashed anywhere else. Once you send us a check for approval, you must not attempt to deposit or cash your check anywhere else. This could result in duplicate credits to you for the same check. Duplicate transactions using the same check can be a type of fraud and may be subject to civil claims and criminal penalties. We may require that you send us an image of your approved check with VOID or another word or phrase written on it. Once we have credited the funds from your check to your Serve Account, you must destroy the check and not attempt to deposit it or cash it anywhere else. If we decline, and only if we decline, your check for any reason, you may then attempt to deposit or cash your check elsewhere.

D. Money in Minutes. If you select Money in Minutes, Ingo Money will review your check for funding approval using a process that usually takes a few minutes but may take up to one hour. If Ingo Money approves your check for funding, you shall endorse and transfer your check to Bank who will credit your Serve Account in less than 30 minutes with the check amount less any Ingo fees. If Ingo Money does not approve your check for funding, you may terminate the transaction and deposit or cash your check elsewhere, or you may be given the option to request check approval for Money in Days.

E. Money in Days. If you select Money in Days, Ingo Money will review your check for funding approval and you shall endorse and transfer your check to Bank for deposit in Bank’s account for clearing and collection. If Ingo Money approves the check for funding and it is not returned unpaid within 10 days after submission to Ingo, Bank will credit your Serve Account with the full amount of the check on the 10th day. If Ingo Money does not approve the check for funding for any reason in its sole discretion, or if the check is returned unpaid for any reason prior to the end of the 10th day, the funds from your check will not be credited to your Serve Account, you will be notified, and the transaction will be terminated without charging you a fee. You may then deposit or cash your check elsewhere. If your check clears prior to the end of the 10-day period, Bank will hold the funds until the end of the 10th day (provided that the transaction is not reversed), during which time the funds will not be FDIC insured.

F. Recourse. Once Bank has credited funds from your approved check to your Serve Account (less any Ingo fees), the funds are yours to keep even if the check bounces or is returned unpaid or for any other reason. Notwithstanding the foregoing, if Bank funds your check and the check is returned unpaid for any reason and if Ingo Money or Bank determines in its sole discretion that there is evidence or potential evidence that you knew the check was bad, you deposited or cashed the check with a third party before or after sending it to us, or we otherwise find evidence of fraud or illegal activity by you, Ingo Money and Bank have full recourse against you for the full amount of the funds credited to your Serve Account, along with any other rights or remedies available under law.

G. Declines. Since Ingo Money and Bank are taking the risk of payment on all checks you attempt to fund to your Serve Account, we may decide to decline your check at any time for any reason in our sole discretion whether you choose Money in Days or Money in Minutes. If that occurs, the transaction will be terminated, no fee will be charged, and you may take your check elsewhere for deposit or cashing. The decision to approve a check is based upon the assessment of multiple factors and is not necessarily a reflection on either you or the writer/maker of the check. We also may refuse to process a check in our sole discretion, including, but not limited to, if we need to do so to comply with applicable law.

H. Ingo Fees. The fees associated with Ingo are as follows:

  1. Fees for Money in Minutes.
    • For payroll and government checks with a pre-printed signature: 1% of the Check Amount, with a minimum fee of $5.00.
    • For all other accepted check types, including checks with a handwritten signature: 5% of the Check Amount, with a minimum fee of $5.00.
  2. Fees for Money in Days.
    • No fee.

You will have the opportunity to review the amount of the Ingo fees each time a check is submitted for funding, and you will be given the opportunity to and must approve the fees before Bank credits your Serve Account with the funds, less applicable Ingo fees. All fees associated with the crediting of funds from your check to your Serve Account through Ingo will be deducted from the amount Bank will credit to your Serve Account. Ingo will send you a message through the Serve Mobile App or by email detailing Ingo fees and the amount credited to your Serve Account.

IF YOU ACCESS INGO THROUGH ANY APP OR METHOD OTHER THAN THE SERVE MOBILE APP, FEES MAY BE DIFFERENT, HIGHER OR LOWER THAN THOSE LISTED ABOVE AND IN THE AMERICAN EXPRESS SERVE MOBILE APP.

I. Maximum and Minimum Check Limits. You may use Ingo for checks with a face value from $10 to $5,000. You may submit multiple checks with a total combined value of no more than $5,000 per day and $10,000 per month. There may be additional transaction, daily, monthly, and other limits that apply to your Serve Account, as well as maximum card balance limits, that would include transactions using Ingo and other account funding transactions that you conduct elsewhere. If you have met or exceeded your account limits, Bank may not be able to credit funds from your check to your Serve Account, even if Ingo Money has approved your check. See the Consumer User Agreement to understand your limits, and manage your account funding transactions to remain within such limits. We may increase or decrease the check limits for Ingo or for you from time to time in our sole discretion; provided, however, that you are solely responsible for complying with any limits applicable to your Serve Account.

J. Errors in Connection with Account Funding. If you become aware of an error with respect to the crediting of funds to your Serve Account from an Ingo transaction, please notify Ingo as soon as you can by calling (229) 276-3887

You may be asked to:

  • Provide your name and transaction confirmation number.
  • Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Provide the dollar amount of the suspected error.
  • Provide information about the check and its original value.

We will take reasonable steps to investigate and correct any error, and we will notify you of the results of our investigation.

NOTE: You may have rights related to your Serve Account under the Electronic Funds Transfer Act regarding transactions that are posted to your Serve Account. Check the Consumer User Agreement for the terms that apply to your Serve Account for a complete statement of your rights in the event of an error or unauthorized transaction, and the steps you need to take to protect those rights. There may be time limits as to how quickly you need to notify your Serve Account issuer if you suspect an error or unauthorized transaction has occurred on your Serve Account.

K. Your Representation and Warranty; Rights Upon Dishonor. You represent and warrant to Ingo Money and Bank that any check you present to Ingo Money (i) is a bona fide check for funds owed to you that has been obtained by you by lawful means, (ii) you are not aware of any facts or circumstances which would limit the value, legality, collectability, or negotiability of the check, (iii) the check does not include any proceeds from or related to criminal activity, and (iv) there are no unfulfilled conditions that limit the negotiability or value of the check. You agree that Ingo Money and Bank may, without notice, seek legal redress against you if any check you submit is dishonored, returned, or not paid, and you have breached any of your representations or warranties set forth in these Terms and Conditions. You grant Ingo Money and Bank a lien on property belonging to you of any kind, whether real, personal, tangible or intangible, which is in our possession, including the proceeds of any other check submitted for credit to your Serve Account on your behalf, which may be used to satisfy any debt owed by you under the terms of this or any other agreement with us without contest on your part.

L. Account Funding Failures. If Bank is unable to credit your Serve Account with funds from any check Ingo Money has approved, Ingo Money will attempt to resolve the issue with your Serve Account issuer. If we are unable to resolve the issue and credit your Serve Account, Bank may, in its sole discretion, mail you a check at the address registered to your account, credit the funds back to the account of the check writer, or take other action to return the funds to you or the check writer.

5. Customer Service.

If you have questions regarding a transaction using Ingo, please call Ingo at (229) 276-3887.

6. Limitations on Liability.

A. Damages Exclusions. In no event will Ingo Money or Bank, or our respective officers, directors, agents, employees, suppliers or affiliates, be liable for lost profits, loss of goodwill or for special, indirect, consequential, incidental, exemplary, or punitive damages arising from your use of the Serve Mobile App, our website, Ingo, or these Terms and Conditions, including, without limitation, any decline of a third-party check, regardless of whether such claim arises in tort (including negligence) or in contract, whether or not such losses or damages were foreseeable or we were advised of the possibility thereof.

B. Warranty Disclaimer. Except as expressly provided in these Terms and Conditions, Ingo is provided to you AS IS, AS AVAILABLE, without warranty of any kind, express, implied or statutory. We do not warrant that the use of Ingo will be error-free or without interruption, and we are not responsible for errors or issues caused by the Internet, any processor, or any other third party. We do not guarantee the permanent availability of Ingo, including, but not limited to, the availability of the systems of affiliates, Ingo Money, Bank or other parties. THE WARRANTIES STATED IN THESE TERMS AND CONDITIONS, IF ANY, ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY US AND OUR AFFILIATES. WE DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL OTHER REPRESENTATIONS, CONDITIONS, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR NON-INFRINGEMENT.

C. Limitation on Liability. If you have any claims regarding the crediting of funds from a check to your Serve Account, the amount of your claim, and our liability arising from or relating to such claim, is strictly limited to the legal amount of the third party check involved.

D. Force Majeure. We will not have any liability if we are unable to perform our obligations pursuant to these Terms and Conditions, if Ingo is not useable, in whole or in part, as a consequence of an act of God, fire, explosion, public utility failure, accident, strikes, floods, embargo, war, terrorism, nuclear disaster, riot, failure of communication links or facilities, computer malfunction of a computer operated by or on behalf of us, an affiliate, or any other third party engaged by any of the foregoing as a result of events not within the control of such party, or other circumstances beyond such party’s control.

7. Confidentiality; Privacy and Security of Personal Data.

A. Confidentiality. We may disclose information to third parties about your Ingo account, credits Ingo makes to your Serve Account, or the check transactions you submit to Ingo:

When necessary to complete the transaction (e.g., to verify the existence and condition of your Serve Account or check);

  • To comply with government agencies, regulators, law enforcement, or court orders or as otherwise required by law or regulations or in connection with examinations by banking authorities;
  • To credit reporting agencies;
  • To your Serve Account issuer, processor or other third parties who administer services for your Serve Account;
  • To help Ingo and your Serve Account issuer mitigate or control fraud;
  • To allow Ingo to collect funds from dishonored checks;
  • To help Ingo Money, Bank and your Serve Account issuer enhance their ability to provide services to you in connection with your account;
  • To Ingo Money and Bank’s employees, auditors, affiliates, Ingo providers, or attorneys as reasonably necessary to administer the Ingo service;

With your permission or otherwise in accordance with Ingo’s Mobile Check Capture by Ingo Money Service Privacy Policy or as described in these Terms and Conditions.

B. Privacy. Your personal data is collected during your enrollment in Ingo, when you submit check transactions, and when you otherwise provide it to Ingo or Ingo otherwise collects it during its performance of its obligations under these Terms and Conditions. Please refer to Ingo’s Mobile Check Capture by Ingo Money Service Privacy Policy at http://www.ingomoney.com/partners/amex/privacy-policy for information regarding our use of this data, which Policy is incorporated into these Terms and Conditions by this reference. A link to the Mobile Check Capture by Ingo Money Service Privacy Policy may also be found within the Serve Mobile App.

8. Use of Software.

The Ingo portion of the Serve Mobile App is the proprietary intellectual property of Ingo Money, Inc. and its partners and suppliers subject to copyright and other protection. You are granted a right to install and use this for your own personal use. You agree not to sell, lease, use or distribute it for any other purpose, and you agree not to decompile, reverse engineer or otherwise translate it from its object code form. The Serve Mobile App contains third party code and such third parties are expressly made a beneficiary hereof and may enforce these terms directly.

9. Cooperation.

You agree to cooperate at your own expense with any investigation of your dealings by any Federal, state, or local regulatory or law enforcement agency and with any court-ordered production of your enrollment or use of Ingo and transaction records.

10. Applicable Law.

These Terms and Conditions and all check transactions shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflict of laws principles.

11. General Terms.

These Terms and Conditions are the entire agreement between you, Ingo Money and Bank governing your use of Ingo. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force. The waiver by any party of any default or breach of these Terms and Conditions shall not constitute a waiver of any other or subsequent default or breach. Your Ingo account and your obligations under these Terms and Conditions may not be assigned. Ingo Money and Bank may transfer their rights under these Terms and Conditions. Use of Ingo is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Ingo Money and Bank do not waive their rights by delaying or failing to exercise them at any time. If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of these Terms and Conditions shall not be affected. Bank and Ingo Money (and not Google or Apple) are solely responsible for the Ingo portion of the Serve Mobile App, all intellectual property rights and related claims associated with this portion of the Serve Mobile App, your use of this portion of the Serve Mobile App, the services provided herein, all representations and warranties, all support hereunder, and all claims and liabilities related to the use or possession of this portion of the Serve Mobile App or any services provided hereunder. Your license hereunder is limited to your use of the Ingo services through the Serve Mobile App on a mobile device that you own or control. Apple and Google are third party beneficiaries of these Terms and Conditions and may enforce them.

12. How to Contact Us.

If you have questions about these Terms and Conditions, please contact Ingo by phone at (229) 276-3887, or write to us at:

Ingo Money, Inc.
Attention: Customer Service
11545 Wills Road
Alpharetta, GA 30009

© 2018 First Century Bank, N.A.
© 2018 Ingo Money, Inc.

End of First Century Bank and Ingo Money Terms and Conditions

AMEXServeSDKT&C rev 2/13/18