Cross River Bank Checking Deposit Account Agreement

Last Updated: August 29, 2023
Rewards Checking Plus Deposit Account Agreement
Fee Schedule
Cross River Bank Funds Availability Policy
Electronic Fund Transfer Agreement
Cross River Bank Checking Deposit Account Agreement

This agreement (Agreement) is the contract between you, the depositor (you) and Cross River Bank, a New Jersey State
Chartered Bank (the Bank, we, us, our), that governs your non-interest bearing Rewards Checking Plus Account (Account)
provided by the Bank and serviced by Upgrade, Inc. (Upgrade). Upgrade is a service provider that performs certain services
related to your Account on Cross River Bank’s behalf.
This Agreement explains how your Account works, what fees are applicable to your Account, how our various services work,
and the policies, terms and conditions that govern your Account. By accepting this Agreement, submitting an application for
an Account, or by using any of our deposit account services, you agree to the terms in this Agreement. Other products or
services offered in connection with the Account, such as the Upgrade App and Website, may have additional agreements that
you will be required to accept. This Agreement also refers to and/or includes other disclosures such as the Cross River Bank
Privacy Policy, and where applicable, the Funds Availability Policy and the Electronic Fund Transfer Agreement, that we may
provide to you, which are incorporated by reference.
Please read this Agreement carefully and keep a copy for your records.
I. DEFINITIONS
Here are some important terms that we use throughout this Agreement:
Access Credentials – The phone number, email address, account number, personal identification code, password and/or
biometric data used to access your Account on the App and/or the Website.
ACH (Automated Clearing House) – The national clearinghouse for electronic fund transfers.
ACH Transaction – An electronic deposit to, or withdrawal from, your Account that we receive or send through the
“automated clearing house” network. Common examples include Direct Deposits of payroll and one-time or recurring
payments to a utility company.
App – The Upgrade mobile device software application that allows you to access your Account on a mobile device.
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Available Balance – This balance is used to determine if transactions on your account will be paid. It is calculated by taking
your previous day’s balance, plus any pending credit transactions (excluding pending returns), such as Direct Deposits, and
subtracting (a) pending charges such as electronic payments, according to the Processing Order (described below), (b) any
amount of deposits that are not yet available for withdrawal under our Funds Availability Policy, and (c) any holds on your
balance, such as holds on funds to comply with court orders or other legal requirements. We reserve the right to use a
different calculation method in certain states if required by law.
Business Day – Our Business Days are Monday through Friday. Federal holidays are not included.
Direct Deposit – An automatic electronic deposit made through the ACH network to your Account by someone else, such as an
employer issuing payroll or the government paying benefits.
EFT – An "electronic fund transfer" to or from your Account, as that term is defined by Regulation E (12 CFR Part 1005). An
EFT includes an ACH Transaction but does not include a Wire Transfer.
Item – Any EFT, Wire Transfer, mobile check, fee, charge or other amount that is credited to or debited from your Account.
Active Account or Active Accountholder – The definition as defined at https://www.upgrade.com/deposits/active-account
Website — The Upgrade website at www.upgrade.com that allows you to access your Account online.
Wire Transfer – An electronic transfer of funds through a wire service, such as SWIFT, the Federal Reserve Wire Network, or
the Clearing House Interbank Payments System.
II. ACCOUNT TERMS

Account Information
Cross River Bank. This Account is provided by Cross River Bank. Upgrade performs certain services to Cross River Bank as
described below.
Calling About Your Account. You may call Upgrade with questions about your Account at 844-319-3692 between the hours of
5am-6pm, Monday-Friday and 6am-5pm, Saturday-Sunday (Pacific Time), with any questions related to your Account. You can
call this number at any time whenever this Agreement or applicable law requires or allows you to notify us by telephone.
Writing to About Your Account. You may email Upgrade about your Account at depositsupport@upgrade.com. However,
please send any correspondence and notices required or allowed to be in writing under this Agreement or applicable law to
the following address, or to such other address as we may provide to you from time to time: Cross River Bank, c/o Upgrade
Inc., ATTN: Deposit Servicing, 2 N. Central Ave. 10th Floor, Phoenix, AZ 85004. We will deem any and all notices to us effective
upon receipt by Upgrade on our behalf.
The Website and the App, Use of Features. You have access to online banking services through the Upgrade Website and the
App. If you have registered Access Credentials to access your Account, you may log in to your Account using the Website
and/or App at any time to view and update information about your Account and initiate online transfers. Your use of the
Website and the App is subject to the Terms of Use of the Website or App, as applicable. The terms of this Agreement govern
in the event there is a conflict between the Terms of Use of the Website or App and this Agreement.
We may further allow you to enroll in certain features or functionality related to your Account, including the ability to make bill
payments or deposit checks, through the Website or App. By using such features or functionality, you agree to any
supplemental terms and agreements presented in the App or Website for the feature or functionality. Not all customers or
accounts will be eligible for certain features or functionality, and we reserve the right to limit or change such eligibility at any
time. You agree that we may add or remove features or functionality without notice.
Limited Account Access. Your Account is an electronic demand deposit account that is accessible through the App on your
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mobile device or the Website. See the Deposits and Withdrawals, Transfers, and Other Account Charges sections for more
information.
Authorization. You hereby authorize the Bank to establish the Account to hold your funds. You are responsible for all
payments and activities on your Account that are directed through use of the App and Website. If you permit another person
to use the App or Website using your login credentials, you are responsible for any transactions they authorize from your
Account. When we receive payment instructions from the App or Website it will serve as an authorization for us to debit your
Account and remit funds on your behalf. You agree that the App, Website, or any other website or electronic portal provided
by Upgrade (Portal) is the primary method by which you may conduct activity on the Account and transactions effected
through any Portal will be considered authorized. You may also conduct activity through ATM, merchant point of sale and
other access points we may authorize. With your use of the App or Website, you authorize Upgrade as your sole authorized
signatory, to direct Bank at any time to charge you for drafts or other orders for the payment of money that are drawn on the
Account. You further agree that we will not take any direction from you with respect to the Account, other than through the
App, Website, ATM, merchant point of sale or other access points we may authorize. The Bank will direct you to Upgrade for
any and all activities such as ACH Transactions and questions related to the Account.
FDIC Insurance. Funds in your Account are insured by the Federal Deposit Insurance Corporation (FDIC), up to the applicable
limit. The amount of insurance coverage you have may depend on the balance in your Account and the ownership, type of,
and balances held in any other accounts you have with us. For additional information, please visit the FDIC’s website at
www.fdic.gov.
Audit. We reserve the right to periodically audit and verify your compliance with this Agreement. You agree to cooperate and
provide information or documents, at your expense, as may be reasonably requested by us to aid in our provision of services
provided for herein and to resolve claims by third parties with respect to any Items or transactions.
Opening Your Account.
Identifying You. To help the United States Government fight terrorism and money laundering, federal law requires us to
obtain, verify, and record information that identifies each person that opens an Account. What this means for you: when you
open an Account, we will ask you to provide to Upgrade your name, street address, email, phone number, Social Security
Number (SSN), and date of birth. To open an Account with us, you must be at least 18 years old (or applicable age of majority
in your resident state), a U.S. citizen or a resident alien with a valid SSN and have a residential address in the U.S. or U.S.
territory where we offer the Account. We may also ask you to provide your driver’s license or other identifying documents.
Consumer Reporting Agencies. By submitting an application to open an Account, you authorize us or Upgrade, acting as our
Service provider, to obtain information about you from time to time from consumer reporting agencies, check verification
services, our subsidiaries and affiliates, and other third parties for the purpose of considering your Account application or any
other purpose permitted by applicable law.
TIN/Backup Withholding. We are required by federal law to obtain your correct taxpayer identification number (TIN) in order
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to avoid potential backup withholding and to report interest income paid to you in connection with your Account. If you are
subject to backup withholding or if the Internal Revenue Service (IRS) notifies us that we do not have a correct TIN for you, we
may be required to withhold and remit to the IRS a percentage of interest paid (backup withholding) to your Account(s).
Amounts withheld are reported to the IRS as federal tax withheld and will be reflected on your IRS Form 1099-INT, Interest
Income. A TIN may be your SSN if your Account is in your name and you are either a U.S. citizen, permanent resident, or
otherwise eligible to receive a SSN from the Social Security Administration.
Linking External Accounts. You may choose to link your Account to an account you have with another financial institution in
the U.S. or a U.S. territory where we offer the Account. We will call that other account a Linked External Account. Any Linked
External Account must be owned by you and must be a personal account (not a business or commercial account). Your
request to establish a Linked External Account is subject to our verification and approval. In our discretion, we may limit the
number of Linked External Accounts you may have at one time, de-link any Linked External Account, or close your Account if
we are unable to verify you as the owner of a Linked External Account.
Linked Debit Card. Your Account is linked to an Upgrade VISA® debit card (debit card). In order to open an Account, you must
agree to the terms of the Upgrade VISA® Debit Card Agreement and Disclosures.
Virtual card. In addition to your physical debit card, we may also provide access to your Account with a virtual representation
of a card linked to your Account (virtual card). The virtual card is subject to the same terms and conditions as your debit card,
including your rights and obligations for your debit card under this Agreement, the Upgrade VISA® debit card Agreement and
Disclosures, and the Additional Terms Regarding Your Upgrade Visa® debit card Benefits. Any limitations we impose on your
debit card transactions, as well as any additional rewards or benefits provided by Upgrade in relation to your debit card
purchases, shall apply. You may use your virtual card to pay where contactless payments and digital wallets are accepted,
whether online or in store. If your virtual card details have been lost, stolen, or otherwise compromised, You will need to notify
us immediately as described under the “Your Liability for Unauthorized EFTs” section of the Electronic Fund Transfer
Agreement. In the event that you have access to both a virtual card and physical debit card at the same time, we may at, our
discretion, cancel your virtual card or request that you stop using your virtual card.
Bill Payment Services. We may allow you to make payments to companies or individuals (each, a Payee) through electronic
transmission or check from your Account (Bill Pay or Bill Payments). If Bill Pay is made available to you, you authorize us to
make payments through electronic transmission or check through your use of Bill Pay. Bill Pay is only available for payments
in U.S. dollars to a Payee located in the United States. We reserve the right to restrict certain Payees or categories of Payees
to whom payments may be made using Bill Pay.
Scheduling Bill Pay.
Bill Pay by Electronic Transmission. For Bill Pay by electronic transmission, payments will be debited from your Account
on the next available Business Day (Payment Date) and may be expected to arrive 1-3 business days after the Payment
Date. The cut-off time for Bill Pay by electronic transmission is 1:30pm ET for same day processing.
Bill Pay by Check. For Bill Pay by check, payment will be debited from your Account immediately after you make the
payment request and checks will be mailed by USPS First Class on the next available Business Day (Mailing Date). The
cut-off time for Bill Pay by check is 1:45pm ET for same day processing. Once your Bill Pay request is processed, you
may request to cancel the payment after fourteen (14) days if the check has not been deposited. We are unable to
predict the timing of delivery for Bill Pay by check and are not responsible for any late fees, interest charges, or other
action taken by the Payee for any delays.
For Bill Payments that are entered after cut-off times or on a non-business day, the Payment Date or Mailing Date will be the
next Business Day. You can cancel any scheduled Bill Pay before cut-off times on the Payment Date or Mailing Date. Once a
payment begins processing, it cannot be canceled, except as provided above for Bill Pay by Check.
To assure timely payment, you must schedule payments with sufficient time for processing, and your Account must have
sufficient available funds in your Account to cover the payment. You are responsible for (i) confirming the accuracy of the
information you submit for Bill Pay, including but not limited to payment amount, payment date, Payee account number,
mailing address, and mailing date, as applicable, and (ii) any late fees, interest charges, or other action taken by the Payee.
We make no guarantee if we fail to process a payment in accordance with your instructions.
Deposits.
Deposits may only be made in U.S. dollars, including by Wire Transfer, ACH Transactions, or Mobile Deposit. Deposits made by
ACH Transaction are subject to the NACHA Operating Rules and Operating Guidelines and the rules of any regional clearing
houses we may use from time to time (collectively, the ACH Rules). Before final settlement of any deposit, we act only as your
agent and assume no responsibility beyond the exercise of ordinary care. We reserve the right to refuse, return or limit any
deposit you make to your Account and to establish (and change) maximum dollar limits for Account principal balances and
transactions and other restrictions in our discretion from time to time. By using the App or Website to initiate a transfer of
funds from a Linked External Account to your Account, you authorize Cross River Bank to make the transfer you select on the
App or Website. If a deposit you make is returned to us unpaid or is otherwise charged back to us, we will charge it back to
your Account. See our Funds Availability Policy for more information about when you can access funds you deposit.
All Items are credited subject to final settlement in cash or credits. We shall have the right to forward Items to correspondents
including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit,
nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents
including the Federal Reserve Banks to handle such Items in accordance with provisions of Regulation J (12 CFR Part 210), as
revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules,
you specifically authorize us to handle such Items in accordance with the rules and regulations of the clearinghouse.
If we permit you to withdraw funds from your Account before final settlement has been made for any deposited Item, and
final settlement is not made, we have the right to charge your Account or obtain a refund from you. In addition, we may
charge back any deposited Item at any time before final settlement for whatever reason. We shall not be liable for any
damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to
exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited Items or for
any damages resulting from any of those actions.
Permitted Deposits. The following types of deposits are permitted on your Account:
Direct Deposits. You can direct a third party to electronically deposit your paycheck, retirement benefits or other income
to your Account.
One-Time Transfers. You can transfer funds from a Linked External Account to your Account using ACH Transactions.
Use the App or Website to set up your transfers.
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Automatic Transfers. You can set up automatic, recurring transfers from a Linked External Account to your Account
using ACH Transactions. Use the App or Website to set up your transfers.
Wire Transfers. You can direct a third party to transfer money to your Account by Wire Transfer. Wire transfers deposits
cannot be initiated in the App or Website.
Mobile Check Deposits. You can deposit mobile checks to your Account via the App. For more detail, please see the
Mobile Deposit section below.
Other. We may permit you to make deposits by other means, from time to time.
Deposit Records and Receipts. We and our service providers may rely on the account number on any record of a deposit you
make, even if that account number is associated with a name that is different from the name you've provided. It is not our
responsibility to detect any inconsistency between the account number you provide and the name.
You may use the App, Website, or call us to confirm that we have received a deposit. We may not provide you with notice of
our receipt of a deposit into your Account. However, all deposits into your Account will be included in the periodic statements
we provide to you. We may confirm your deposits, and, after review, may adjust your Account for any errors, including any
errors on your deposit, deposit request or similar records.
Opening Deposit. If you fail to fund your Account within 30 days after we approve your application, we may close your
Account.
Our Right to Refuse Deposits. We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after
initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you
have already made.
When You Can Withdraw Funds You’ve Deposited. Please see our Funds Availability Policy for information about when funds
you deposit will be available for withdrawal.
Our Right to Charge Back Deposited Items. If you make a deposit and (a) the sending bank returns it to us unpaid; (b) the
sending bank demands that we repay them because the deposit was unauthorized; or (c) the sending bank or the originator of
a transfer demands that we return the Item because it was unauthorized, sent to the wrong account number or procured by
fraud, we may accept the return and/or pay the return or demand, and subtract the funds from your balance.
Early Direct Deposit. For certain eligible Direct Deposits, we may provide you access to those direct deposit funds up to two
(2) days before we receive the funds from your payor (Early Direct Deposit). Early Direct Deposit depends on when we
receive your payor’s payment instructions, any limitations on the amount and frequency of Direct Deposit to your Account,
and standard fraud prevention procedures. Not all Direct Deposits are eligible for Early Direct Deposit. Eligible Direct Deposits
are limited to electronic direct deposits under $5000.00 from payors such as your employer, payroll, and benefits providers.
We do not guarantee that any Direct Deposits will be made available before the date scheduled by the payor, and early
availability of funds may vary between Direct Deposits from the same payor.
When funds are made available early, they will be reflected as Available Balance. Even if we have made funds available to you
and you have withdrawn the funds, you are still responsible for Direct Deposits that are reversed, returned, rejected, or
otherwise uncollected by us and for any other problems involving your deposit. If a Direct Deposit is not available early, it will
be made available in accordance with our Funds Availability Policy.
Early Direct Deposit is provided at our sole discretion at no cost to you, and we may change or cancel this service at any time
without notice to you.
Mobile Deposit for Active Accountholders.
General. If we, in our sole discretion, make the mobile check deposits feature (Mobile Deposit) available to you, you can
capture images of Eligible Checks in compliance with our requirements and applicable law, and then transmit those images
and other data to us electronically for deposit (loading) to your Account. Only Active Accounts are eligible for Mobile Deposit.
The check image and associated information transmitted electronically are called collectively the Check Image. We may
process and collect the Check Images you send us in any manner we choose in our sole discretion. The paper instrument to
which the Check Image relates is called the Original Check. We will notify you electronically once a Check Image is received
(Electronic Notice). We will then attempt to collect the Item by presenting the image or converting the image into a digital
representation of the Original Check (such digital representation, the substitute check). Unlike traditional check deposits, you
retain the Original Check when you use Mobile Deposit. See the Retention of Original Check section below for retention
requirements. The manner in which substitute checks are cleared, presented for payment and deposited will be determined
by us, in our sole discretion. We may change, modify, add or remove functionality from Mobile Deposit at any time, with or
without notice to you.
Using Mobile Deposit. You agree to follow our Mobile Deposit instructions for capturing and transmitting Check Images to us.
You agree that in order to properly transmit Check Images to us, the mobile device must capture images of the front and
back of each Original Check, the magnetic ink character recognition (MICR) line on each Original Check, and all other data
and information as required herein. You agree to transmit one or more files containing the Check Image and all other data
and information pertaining to the checks (each such file, a File and, if more than one, Files) to us via the Internet. You agree
not to transfer, deposit, negotiate, or otherwise use any Original Check (or a copy of any Original Check) once we confirm its
receipt by us through Mobile Deposit. You may use Mobile Deposit only for non-business, personal use in accordance with this
Agreement. By transmitting a Check Image to us through the App, you authorize us to contact you regarding any processing
issue or collection effort with respect to such Check Image. If warranted, in our reasonable judgment, we reserve the right to
monitor your use of Mobile Deposit.
You represent and warrant that you will not use Mobile Deposit to (i) distribute e-mail, instant messages, text messages or
other communications in an illegal manner, including but not limited to creating or sending hoax e-mail or chain e-mail,
sending unsolicited commercial e-mail or bulk e-mail (aka spam or spamming), harvesting e-mail addresses, using open
proxies or relays to allow spamming, impersonating someone else (aka spoofing) or falsifying message header information;
(ii) gain unauthorized access to computer systems or engage in security attacks of any kind, including but not limited to
security attacks against trust (such as e-mail spoofing, password cracking, IP spoofing and DNS poisoning), against
confidentiality and integrity (by using malware such as computer viruses, worms, Trojan horses, rootkits, keyloggers, spyware
or other malicious programs and code), or against availability (such as denial of service and e-mail bombs); (iii) corrupt,
modify or intercept electronic communications intended for any other person or entity; (iv) interfere with or disrupt the
operation of the services; or (v) conduct or engage in any illegal business or activity, infringe any third party intellectual
property rights, collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach
of privacy, or create, distribute, process or view any defamatory, obscene, indecent, pornographic, racist, sexist or otherwise
discriminatory, misleading, deceptive, fraudulent or otherwise objectionable, offensive or illegal material. Bank reserves the
right to investigate potential violations of the foregoing representations and warranties. If Bank reasonably determines that a
breach of any such representation or warranty has occurred, then Bank may, in its sole discretion: (i) restrict your access to
Mobile Deposit; and/or (ii) remove or require removal of any offending information in violation of the above. In the event of
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any breach, or reasonably anticipated breach, by you of any of the foregoing representations and warranties, in addition to
any other remedies available at law or in equity, (1) you shall promptly and diligently take action to remedy the situation, and
(2) Bank shall have the right to immediately suspend access to Mobile Deposit without prior notice if deemed reasonably
necessary by Bank in its sole discretion to prevent any harm to Bank, its subcontractors, businesses or customers.
Technical Requirements; Software and Documentation. In order to use Mobile Deposit, you must have an iOS or Android
smartphone capable of installing and running the App and additionally equipped with a camera capable of taking photos with
the minimum required resolution. You are responsible, at your sole expense, for providing and maintaining the equipment
that is necessary for use of Mobile Deposit. You agree that you will perform, or cause to be performed, all vendor
recommended maintenance, repairs, and upgrades if you utilize Mobile Deposit. We assume no responsibility for any errors,
failures, or malfunctions of your mobile device, or for any virus or related problems that may occur in connection with your
use of Mobile Deposit.
All right, title and interest in and to (a) any and all computer programs, including, but not limited to, the object and source
codes therefor, and any and all updates, upgrades, fixes and enhancements thereto and any and all documentation, user
guides and instructions pertaining thereto (everything in this clause (a), collectively, Software), and (b) any and all users
guides, instructions and other documentation provided to, or used by, you in connection with the Mobile Deposit (everything in
this clause (b) collectively, the Documentation) shall be, and remain, the property of Bank, Upgrade, and/or any third party
Software provider, as applicable. Unless otherwise expressly authorized, you may not (a) copy, reproduce, transmit,
retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, transfer, assign, commercially exploit, reverse
engineer, reverse compile or create derivative works of, the Software in any form or (b) copy, reproduce, transmit,
retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, transfer, assign, or commercially exploit the
Documentation.
Availability and Maintenance. Subject to the terms of our Funds Availability Policy, Mobile Deposit can be utilized 24 hours a
day, seven days a week, except when the system is unavailable due to needed maintenance or system outages. We are not
responsible for the unavailability of Mobile Deposit or any damages that may result from its unavailability.
NOTICE: YOU AGREE THAT YOUR USE OF MOBILE DEPOSIT 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.
Security. You agree to: (a) review and comply with any online instructions we provide for using Mobile Deposit (Authentication
Procedures) and (b) take reasonable steps to safeguard the confidentiality and security of your Access Credentials and other
Authentication Procedures to access Mobile Deposit. We may deny access to Mobile Deposit without prior notice if we are
unable to confirm to our satisfaction any person’s authority to access Mobile Deposit or if we believe such action is necessary
for security reasons. Notwithstanding the foregoing, we have no responsibility for establishing the identity of any person who
uses the Access Credentials and other Authentication Procedures. You agree to be responsible for any transmission or
transaction we receive through Mobile Deposit, even if it is not authorized by you, if it is processed by us in accordance with
the terms of this Agreement. You agree to notify us immediately if you believe the security or confidentiality required by this
provision has been breached or may have been breached. You acknowledge, understand and agree that the Authentication
Procedures are not designed for the detection of errors. Bank is not, and will not be, obligated to detect errors by you or
others, even if Bank takes certain actions from time to time to do so. You are solely responsible for providing for and
maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in your possession
or under your control. Bank is not responsible for any computer viruses, including, without limitation, programs commonly
referred to as “malware,” “keystroke loggers,” and/or “spyware”, problems or malfunctions resulting from any computer
viruses, or any related problems that may be associated with the use of an online system. You acknowledge and agree that
you will protect yourself and be vigilant against e-mail fraud and other internet frauds and schemes, including, without
limitation, fraud commonly referred to as “phishing” or “pharming”. In the event you receive an e-mail or other electronic
communication that you believe, or have reason to believe, is fraudulent, you agree that you shall not respond to the e-mail,
provide any information to the e-mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the
e-mail. To the extent allowed by law, you agree that Bank is not responsible for any losses, injuries, or harm incurred by you
as a result of any electronic, e-mail, or internet fraud.
No Fees for Mobile Deposit. We charge no fee for depositing a check using Mobile Deposit, including where a check deposited
using Mobile Deposit is returned by the bank upon which it was drawn for any reason. However, please note that mobile
carriers may charge for sending and receiving data to upload Check Images using the App. Please consult any applicable
mobile service agreement(s) for details on applicable fees.
Eligible Checks. You agree that you will use Mobile Deposit to make deposits to your Account only by transmitting to us Check
Images of eligible checks (Eligible Checks). Eligible Checks are checks drawn on U.S. domiciled financial institutions in U.S.
dollars that are:
personal checks;
business checks;
government checks;
United States treasury checks; or
cashier’s checks.
We reserve the right to change the list of Eligible Checks from time to time.
Eligible Checks must also meet the image, MICR quality and other check requirements set forth below.
Image, MICR Quality, and Other Check Requirements. Each File transmitted shall contain images of the front and the back of
the check scanned and remotely deposited by you. Each image of each check shall be of such quality that the following
information can clearly be read and understood by sight review of such image:
The amount of the check;

The payee of the check;
The signature of the drawer of the check;
The date of the check;
The check number;
The information identifying the drawer and the paying bank that is preprinted on the check, including the MICR line; and
All other information placed on the check prior to the time an image of the check is captured, such as any required
identification written on the front of the check and any indorsements applied to the back of the check.
In addition, Eligible Checks must meet the following requirements:
your signature (endorsement) is legibly written in ink on the Original Check along with the words: “For mobile deposit at
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CRB only” or as otherwise instructed or permitted by Upgrade or the Bank;
the check is submitted within six months of the check date;
the image quality must meet the standards established by the American National Standards Institute, the Board of
Governors of the Federal Reserve, and any other regulatory agency, clearing house or association; and
the check must not contain erasures and must not have been altered.
Prohibited Checks. You may only use Mobile Deposit to scan and transmit Eligible Checks made payable solely to you and
which are properly endorsed by you. You agree that we are not obligated to accept for deposit any Check Image we receive
and that we, in our discretion, determine to be ineligible for deposit using Mobile Deposit. You agree that you will not scan and
attempt to deposit any of the following:
Checks payable to any person or entity other than you, including checks payable to you jointly with one or more other
person(s);
Checks that are irregular in any way (for example, where the numerical and written amounts are different);
Checks payable to “Cash” or checks issued by you which are payable to you;
Checks containing alterations, forged endorsements, or illegible items, fraudulent or counterfeit checks, checks not
authorized by the owner of the account on which the check is drawn, or checks that you should have known or have
reason to believe were fraudulent;
Checks that have been previously deposited at another institution via physical item, image or electronic funds transfer
and either returned or paid;
Checks from financial institutions located outside of the United States;
Checks that are not payable in U.S. dollars;
Checks dated greater than 60 days prior to the date of deposit;
Checks that are post-dated, or payable on a date in the future;
Checks that exceed any limits that we establish;
Substitute checks as defined by federal law (i.e., a digital reproduction of the front and back of an original check);
Demand drafts or remotely created checks (i.e., a check created by a merchant with a buyer’s checking account number
on it, but without the original signature of the person authorizing the transaction);
Travelers checks and savings bonds;
Money orders;
Treasurers checks;
Non-negotiable instruments, such as promissory notes;
Starter checks or counter checks (i.e., checks from a teller window);
Image Replacement Documents (RDIs); or
Checks which are in violation of any law, rule or regulation.
The fact that we accept any of the items described above shall not obligate us to continue that practice, and we may stop
doing so without cause or prior notice. Our failure to identify a Check Image you transmit as not being an Eligible Check shall
not preclude or limit your obligations to us under this Agreement.
Limits. We may impose limits on your eligibility to use Mobile Deposit, the dollar amount or number of deposits you make
through Mobile Deposit or other limits in our sole discretion based on our enrollment and qualification requirements, which
may include your Account history, direct deposit history, direct deposit amounts, and other risk-based factors. We may reject
Items in excess of these limits. We reserve the right to change such limits and the qualification and enrollment requirements
in our sole discretion at any time without prior notice. These limits are designed to be flexible in order to protect the security
and integrity of the service and accounts, as well as you and all other users of the service. You may view the limits applicable
to you at any time by tapping the link provided on the Mobile Deposit submission page within the App.
Receipt of Check. Neither Upgrade nor the Bank is responsible for Check Images not received or dropped during transmission
or intercepted or altered by an unauthorized third party. We may refuse any check, Check Image, or File for loading through
Mobile Deposit, with or without cause, and shall have no liability to you for the rejection of a check of File or the Check
Images, or other information contained therein, or for the failure to notify you of such rejection. A Check Image will be
deemed received only when we provide you with Electronic Notice confirming receipt of the Check Image. After receipt of
your Check Image is confirmed, the Check Image will be subject to review before it is submitted for deposit and may still be
rejected for any reason at the discretion of Upgrade and the Bank. Bank, in its sole discretion, may, instead of rejecting the
Check Image or File elect to correct the error and accept and process the corrected File (a Corrected File). An Electronic
Notice confirmation is not a representation, warranty or other indication that the Check Image will be presented for deposit or
will be honored by any collecting or paying bank. If Upgrade or the Bank rejects a Check Image received through Mobile
Deposit, you may contact the individual or company who issued the check, to request a new or reissued check be provided to
you. If you do submit the Original Check for processing, Upgrade and the Bank reserves the right to refuse to process it and
may instead require you to have the check reissued. If Bank elects to correct a File or Check Image, as a form of correction,
Bank may credit your Account for the full amount of the deposit and make any necessary adjustments to the Account to
correct the error. Bank may, in its sole discretion, also elect to perform a risk management analysis of one or more Files
submitted by you to detect potentially fraudulent checks, and, in its sole discretion, Bank may reject any such File or the
Check Images or other information contained therein. In case of acceptance of the File, Bank shall electronically notify you of
successful processing of your check. Notwithstanding the fact that Bank has accepted a File for deposit, any credit made to
your Account shall be provisional, and you shall remain liable to Bank for any errors, inaccuracies, breach of warranties and
any other loss sustained by, or claim made against, Bank.
Retention of Original Check. You shall securely store all Original Checks for a period of 60 days after you have received notice
from us that your check has been successfully processed (the Retention Period). During the Retention Period, you shall take
appropriate security measures to ensure that: (a) only an account holder shall have access to the Original Checks, (b) the
information contained on such checks shall not be disclosed, (c) such checks will not be duplicated or scanned more than one
time and (d) such checks will not be deposited or negotiated in any form. Promptly upon the expiration of the Retention Period
applicable to Original Checks, you shall mark the checks as "Void" and then destroy the checks by shredding or by such other
commercially reasonable method of destruction. You agree to notify us immediately by calling us at 844-319-3692 or writing
to us at depositsupport@upgrade.com if you learn of any loss or theft of a check. If warranted in Bank’s reasonable judgment,
Bank may audit and monitor your safeguarding practices, and you agree to cooperate with Bank to permit such monitoring,
including by making the Original Check available to Upgrade and Bank to confirm you have satisfied your obligations under
this Agreement and to facilitate the clearing and deposit process, to address third-party claims or for our own audit purposes.
Should you fail to produce the Original Check, you authorize Upgrade or the Bank to deduct the amount of the check in
question from your Account, regardless of whether such action may cause your Account to not have sufficient funds.
Immediately after this 60-day period, you should securely and thoroughly destroy the Original Check. Further, You hereby
agree to indemnify Bank and any Indemnified Party (as defined below) for, and hold Bank and any Indemnified Party harmless
from and against, any and all claims, demands, actions, causes of action, losses and damages, of whatever nature or kind,
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and regardless of the theory upon which the same is (are) based, caused directly or indirectly by, arising out of, related to, in
connection with or resulting wholly or partially from your responsibilities under this section.
Endorsements. You must ensure that all Eligible Checks transmitted through Mobile Deposit are made payable to you and
endorse the back of all Eligible Checks that you transmit to us through Mobile Deposit with your signature and the words “For
mobile deposit at CRB only” or as otherwise instructed or permitted by Upgrade or the Bank before you take a picture of the
check. Any endorsement must be placed in the area at the back of an Item as indicated in the App and the remaining area on
the back of the Item may not contain any preprinted, stamped or handwritten information. Check Images we receive that are
not endorsed in accordance with this provision may be rejected.
Termination or Suspension. We reserve the right to suspend or terminate Mobile Deposit at any time without notice to you
unless notice is required by law. We may suspend or terminate your use of Mobile Deposit at any time, with or without cause
in our sole discretion. If you violate the terms of Mobile Deposit, such actions may be used as a basis to terminate your
account. Any termination will not affect any of your or our rights and obligations under this Agreement that have arisen
before the effective date of such termination.
Your Representations and Warranties. You represent and warrant the following with respect to each Check Image that you
transmit through Mobile Deposit:
You have the legal right to accept the Original Check for negotiation and loading to your Account, and the Check Image
is of an Eligible Check.
The Check Image that you transmit accurately represents all of the information on the front and back of the Original
Check, including without limitation, all endorsements, amounts, signatures required for their negotiation and
endorsement, etc. at the time of transmission, and complies with the requirements of this Agreement.
You are using Mobile Deposit only for your own deposits and have not allowed the use of the service for the benefit of
any third party.
You are not depositing a check payable to you jointly with one or more person(s).
You have possession of each Original Check deposited using Mobile Deposit.
You make all warranties that would otherwise apply to the Original Check if it had been a paper Item deposited with us.
For example, you warrant that the Original Check has not been altered and that you have a right to enforce the Original
Check (i.e., the Original Check was authorized by the drawer in the amount stated on the Original Check and to the
payee stated on the Original Check).
You make all encoding, transfer, presentment, and other warranties that we or any correspondent bank we use are
deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse
rule, or image exchange network rule or agreement to which we or they are a party.
You will not create duplicate images of the Original Checks, transmit a duplicate Check Image or File to us, or deposit or
otherwise negotiate an Original Check of which an image was already created. You further warrant that you have not
previously cashed, deposited or transferred the Original Check, any image of the Original Check or any substitute check
for the Original Check, and that no subsequent transferee, including but not limited to Bank, a collecting or returning
bank, drawer, drawee, payee or endorser will be asked to pay the original Item from which the image(s) was created or
a duplication (whether paper or electronic, including ACH entries) of the Item(s);
The Original Check is an Eligible Check.
You will only use Mobile Deposit for lawful purposes and in compliance with our requirements, the online instructions and
all applicable law and regulations.
You will not submit files or images containing malicious code, viruses or any other disabling features that may have an
adverse impact on our network, data, or related systems.
You have communicated material information to us and all data and other information submitted by you to us, including
but not limited to data contained in the MICR line of each check, is complete and accurate and complies with the
requirements of this Agreement.
You are authorized to utilize Mobile Deposit and perform obligations hereunder, these Mobile Deposit terms are
enforceable against you in accordance therewith, and your use of Mobile Deposit will not violate any law, or conflict with
any other agreement to which you are subject.
You will employ commercially reasonable security measures and firewalls sufficient to protect transmissions and storage
to ensure no unauthorized access or duplicate presentment.
You agree to indemnify Bank and any Indemnified Party for, and hold Bank and any Indemnified Party harmless from
and against, any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys'
fees) arising from a breach of any of your warranties, representations and/or obligations hereunder or included in any
other agreement between you and Bank, and the terms of this paragraph shall survive the termination of this
Agreement.
Returned Deposits. Any credit to your Account for checks loaded using Mobile Deposit is provisional. If a check deposited
through Mobile Deposit is dishonored, rejected or otherwise returned unpaid by the bank on which the check is drawn, or is
rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the
quality of the image, you agree that we may charge back the amount of the Original Check and send you notification of the
return. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned
Item. We may debit any of your Accounts to obtain payment for any Item that has been rejected or returned, for any
adjustment related to such Item or for any warranty claim related to such Item, whether or not the rejection, return,
adjustment or warranty claim was made timely. If the maker of a check or another third party makes a claim against us or
seeks a re-credit with respect to any check processed through Mobile Deposit, we may provisionally freeze or hold aside a like
amount in your Account pending our investigation and resolution of the claim.
Limitation of Liability.
YOU AGREE THAT NONE OF BANK OR ANY INDEMNIFIED PARTY WILL 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 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 MOBILE DEPOSIT, REGARDLESS
OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BANK OR
ANY INDEMNIFIED PARTY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY
LAW.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF BANK OR ANY INDEMNIFIED PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN LAW OR IN FACT, TO YOU OR TO ANY
OTHER PERSON, AS TO THE MOBILE DEPOSIT SERVICE OR ANY ASPECT THEREOF, INCLUDING (WITHOUT LIMITATION)
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, OR SUITABILITY,
AND BANK AND INDEMNIFIED PARTIES HEREBY DISCLAIM ANY AND ALL OF THE SAME. YOU AGREE THAT NO ORAL OR
WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY BANK EMPLOYEE OR REPRESENTATIVE SHALL CREATE A
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WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE MOBILE DEPOSIT SERVICE TO BE
PERFORMED PURSUANT HERETO.
NONE OF BANK, ITS AFFILIATES OR ANY INDEMNIFIED PARTY WILL BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE,
INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN ANY WEBSITE OR APP,
ANY INCOMPATIBILITY BETWEEN ANY WEBSITE OR APP AND YOUR FILES, DEVICE OR ANY OTHER MEANS OF ACCESSING
THE MOBILE DEPOSIT SERVICE, ANY LOSS OR DAMAGES INCURRED BY YOU BY THE TRANSMISSION OF YOUR CHECK
IMAGES OR OTHER INFORMATION BY YOU OR ANYONE BESIDES THE BANK, OR ANY OTHER PROBLEMS YOU EXPERIENCE
DUE TO CAUSES BEYOND THE CONTROL OF THE BANK, ITS AFFILIATES OR ANY INDEMNIFIED PARTY. NO LICENSE TO
THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING THE
RESPONSIBILITIES AND OBLIGATIONS OF THE BANK, ITS AFFILIATES OR ANY INDEMNIFIED PARTY TO USERS IN
ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
Indemnification. You will indemnify and hold Bank and any Indemnified Party harmless against any and all actions,
proceedings, liabilities, losses, costs, including attorneys’ fees and expenses of litigation), penalties, fines, and claims,
including, without limitation, warranty claims, that result from or arise in connection with: (a) our processing of Check Images
in accordance with this Agreement, which includes, without limitation, Bank’s ability to rely upon any instructions or
information received from any person reasonably believed by Bank to be your authorized representative; (b) your actions or
omissions, or those of authorized representatives of you, including your breach of any representation or warranty, failure to
report required changes, transmission of incorrect data to Bank, failure to maintain compliance with procedures provided by
Bank, destruction of Original Checks, or failure to comply with this Agreement; (c) any misuse of Mobile Deposit by you,
including without limitation any deposits of Prohibited Checks; (d) your failure to comply with applicable state and federal laws
and regulations; (e) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of
Check Images or information to us; or (f) any claim by a recipient of a substitute check (corresponding to a check processed
through Mobile Deposit) that the recipient incurred a loss due to (i) the receipt of a substitute check instead of the Original
Check, or (ii) multiple payments with respect to the same Original Check, based on any combination of the Original Check, the
substitute check, and/or any paper or electronic copy of either.
Use of Your Geolocation. When you are submitting an image for processing through Mobile Deposit, we reserve the right, at
our discretion, to use your mobile device’s capabilities to obtain your geolocation for fraud prevention services. We may
choose to capture either your current location or the last location stored on your mobile device.
Withdrawals, Transfers, and Other Account Charges.
Withdrawals and Transfers from Your Account. Withdrawals may only be made in U.S. dollars, including by domestic (United
States) ACH Transactions and domestic Wire Transfer, by transferring funds to a Linked External Account from which you
deposited the funds, ATM withdrawals using your linked debit card, or other withdrawal methods we may permit from time to
time. Please see the Electronic Fund Transfer Agreement for more information. By using the App or Website to initiate a
withdrawal of funds from your Account, you authorize Cross River Bank to make the transaction you select on the App or
Website. By using the App or Website to initiate a withdrawal of funds from your Account, you further agree to the
authorization and agreement presented in the App or Website at the time you make the request.
Withdrawal Rules. We may subtract from your balance the amount of any withdrawal or debit transaction that you initiated or
approved. We may require you or any person you authorize to provide us with identification, documentation or information
that’s acceptable to us before allowing the transaction. You may not make any withdrawal that would exceed the Available
Balance in your Account. See the Insufficient Funds section below. We may refuse any withdrawal by any method we do not
specifically permit for your Account, that does not include all information we require, or that would exceed any applicable
frequency, dollar limits or other limits we impose or cause your Account to be overdrawn. We reserve the right to establish
(and change) maximum dollar limits and other restrictions for withdrawal transactions, including the number of withdrawals
permitted by Wire Transfer, from time to time.
Cutoff Time. Please see the Electronic Fund Transfer Agreement for more information on cutoff times for online requests to
transfer funds to or from your Account via ACH. Other cutoff times, such as for Wire Transfer requests, are available in the
App or Website based on the type of request.
Account Numbers on Fund Transfers. If you instruct us to send a transfer of funds, such as an EFT or Wire Transfer, we, our
service providers, and every other bank involved in the transfer may rely on any bank number or account number you
provide. If your fund transfer instruction gives both a bank number or account number and a name, and the name identifies a
different person from the bank or account owner identified by number, we and other banks that handle the fund transfer may
still rely exclusively on the number. We have no duty to detect any inconsistency between the bank number or account
number and the name.
Multiple Signatures. We are not required to comply with any multiple-signature requirement, even if you have otherwise
instructed us to do so.
Insufficient Funds. Our general practice is to decline to pay any transaction that would cause a negative balance on your
Account (i.e., your Available Balance is less than the amount of that Item plus all other Items received but not yet paid).
However, we may, in our sole discretion, pay the Item even if your Available Balance is insufficient to cover the transaction,
resulting in a negative Available Balance. Even if we’ve paid such Items before, we are not required to do it in the future. We
look at your Available Balance only once to decide if the Item would cause your Account to have a negative balance. If we pay
a transaction that causes your Account to have a negative balance, you must immediately deposit the amount necessary to
restore your balance to at least $0.00. We also may report you to consumer reporting agencies, close your account, or both.
This could affect your ability to open accounts with us or other banks in the future. You authorize us to use the money from
any subsequent deposits to your Account to pay any negative balance on your Account and restore the balance to at least
$0.00. Subsequent deposits include any federal or state benefit payments that you choose to deposit in your Account
(including Direct Deposit of Social Security benefits). You understand and agree that if you do not want your benefits applied
in this way, you may change your Direct Deposit instructions at any time. We may still pursue collection of the amount you
owe (including suing you) after it is charged off.
Processing Order. The following processing order dictates the order in which we will process your transactions each Business
Day. All credit transactions are processed first. Debits or withdrawals (such as ACH Transactions) will be processed in the
order in which they are received by us. The processing order of these Items is important because if your Available Balance is
not sufficient to pay for each Item in the order it is processed, we may, in our sole discretion, return or reject the Item, and
your Account may become overdrawn.
Fees, Service Charge, Balance Requirements and Expenses. You agree you are responsible for any fees, charges, balance, or
deposit requirements as stated in this Agreement. You agree to be liable to us for any loss, costs or expenses that we incur as
a result of any dispute involving your Account, including reasonable attorneys’ fees, to the extent permitted by law, and you
authorize us to deduct such loss, costs or expenses from your Account without prior notice to you.
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Communications, Statements, Notices of Errors, and Other Notices.
Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax,
prerecorded message, automated voice, text message or other means allowed by law regarding your Account. Any legal
disclosures, notices and communications and other Account-related correspondence that we mail to you will be sent via U.S.
Mail to the last mailing address shown in our records for your Account. Notices will be deemed to have been delivered on the
day we mailed it to you, or made it available electronically. We are not responsible for communications or notices lost in, or
not delivered by, mail or email. Some notices may only be available electronically or in paper form.
Electronic Communication. We and our service providers may send communications electronically, such as by email or text
message, rather than through U.S. Mail or other means, unless the law says otherwise. If you give us your email address, you
agree that we and our service providers may send servicing messages (such as fraud alerts and hold alerts) related to your
Account to that address. You may be required to agree to communicate with us and our service providers by electronic
means in order to open an Account. If you revoke your consent to electronic communications, we may close your Account or
take other action described in the E-Sign Consent.
Telephone Communication. We and our service providers may record and/or monitor any of our telephone conversations with
you. If we and our service providers do record, there is no requirement to keep the recordings, unless otherwise required by
law. When you give us your mobile number, we have your permission to contact you at that number about all of your Cross
River Bank accounts. This consent allows us and our service providers to use text messaging, artificial or prerecorded voice
messages and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. It may
include contact from companies working on our behalf to service your Account. Message and data rates may apply. You may
change these preferences by calling us at 844-319-3692 or sending us a message at depositsupport@upgrade.com.
Change in Contact Information. We require you to provide an email address, mobile telephone number, and physical street
address (address cannot be a P.O. Box). You are responsible for promptly notifying us of any change to any such contact
information or your name. In some instances, we may request additional information for verification purposes. Any notice we
mail to you (or email to you if you’ve told us to communicate with you electronically) will be binding when sent to the last
(postal or electronic) address in our records. We may change your address if we receive an address change notice from the
U.S. Postal Service (USPS) or if a company in the business of providing correct addresses informs us that the address in our
records no longer matches your address. Even if you elected to receive electronic communications from us, we may still
provide you information via the USPS.
Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile,
broadband, computer, hardware, software, equipment and services needed to access and use your Account online; view,
save and/or print your Account documents online; and receive any messages or documents you have consented to receive
electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided
by fax, SMS/text, telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law
requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice.
Periodic Statements. We will make available a periodic statement for your Account monthly. We make your statement
available through the App and Website on the day we notify you that the paperless statement is available.
Closing or Restricting Your Account.
Restricting Your Account; Blocking and Delaying Transactions. There are many reasons we may decline or prevent
transactions to or from your Account, but we generally do it to protect you or us, or to comply with legal requirements. We
may decline or prevent any or all transactions to or from your Account in our sole discretion, as permitted by applicable law.
We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Account,
remove funds from your Account to hold them pending investigation, or close your Account, including, but not limited to, in
one or more of the following circumstances:
You are not the listed account owner of a Linked External Account;
You maintain your Account at zero balance for at least 90 days;
Your Account has no transaction activity;
You relocate outside of the U.S. or any U.S. territory where we offer the Account;
You attempt to use your Account for business purposes;
Your Account is involved in any legal or administrative proceeding;
We receive conflicting information or instructions regarding Account ownership, control or activity;
We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the
transaction(s);
We suspect that any transaction may involve illegal activity or may be fraudulent;
We are complying in our sole judgment, with any federal, state or local law, rule or regulation, including federal asset
control and sanction rules and anti-money laundering rules, or with our policies adopted to assure that we comply with
those laws, rules or regulations; or
We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.
You May Close Your Account. You may notify us through Upgrade at any time to close your Account. However, we are not
required to close your Account at your request if you have pending transactions, your Account is overdrawn or your Account
is subject to investigation, review, legal process (such as a garnishment, attachment, execution, levy or similar order). In
those cases, we will restrict your Account against all future withdrawals other than under legal process until pending
transactions are paid or returned, the balance is no longer negative, and any legal restriction has been released. If your
balance is greater than zero, you must transfer your remaining balance to a Linked External Account. If you do not have a
Linked External Account, please call us at 844-319-3692 and we will help you to obtain your remaining balance. Your Account
balance must be $0.00 before your Account will be closed.
We May Close Your Account. We may also close your Account at any time, for any reason or no reason, with or without prior
notice to you. If we close your account, your Account balance will be returned to you electronically to a Linked External
Account or by check sent to you by mail. We will have no liability for any action we take under this section.
Rules for Closing Your Account. We may restrict your Account in preparation for closing. As we do so, we will not pay any
additional interest on your Account, and we may limit deposits to, or withdrawals from, your Account. We may send you
written notice that we have closed or will close your Account and return the balance less any fees, claims, setoffs or other
amounts. This Agreement will survive the closing of your Account and you are still responsible for obligations incurred prior to
or in connection with the closing of your Account. After your Account is closed, we have no obligation to accept deposits or
pay any outstanding transfer requests.
Other Account Terms.
Security. It is your responsibility to protect your Access Credentials and the devices on which you access your Account. Do not
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share this information with anyone. Please notify us immediately if you believe your Account has been accessed without your
permission. See the Electronic Fund Transfer Agreement for more information about your rights and responsibility in the
event of unauthorized use of your Account.
Account Ownership. We will treat this Account as an individually owned account and you may not add a joint-owner to your
Account.
Assignment of Agreement and Successors. You may not assign or transfer any interest in your Account unless we agree in
writing. Any permitted assignment of your Account is subject to our setoff rights. This Agreement will be binding on your
personal representative, executors, administrators and successors, and on our successors and assigns.
Power of Attorney. A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your
behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your
Account, including withdrawing or spending all of the money in your Account. Do not sign a power of attorney unless you trust
the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we
agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating
to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is
authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent’s instructions at any
time, including if we suspect fraud or abuse on your Account, unless applicable law requires otherwise. We may also refuse an
agent’s request to become a joint owner or a beneficiary of an Account, but we have no liability to anyone if we do so. We
have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the
authority you have given them.
Death or Incompetence of Account Owner. Your agent, attorney, personal representative, executor, administrator, or
successor must tell us or Upgrade immediately if you die or are declared incompetent by a court. We may act as if you are
alive and competent until we receive notice otherwise. After we receive notice of your death or incompetence, we may freeze
your balance, refuse to accept transactions, and reverse or return deposits. We are also not required to release your funds
until we receive any documents we reasonably request to verify your death or incompetence, as well as who is entitled to the
funds. If you die while residing outside the United States, we may require a personal representative to be appointed by a court
in a United States jurisdiction. If we have any tax liability because of paying your balance to your estate, the estate will be
responsible for repaying us the amount of that tax. If you authorize any transaction, but it’s not presented for payment until
after you die or are declared incompetent, we are authorized to pay the transaction. If you owe us a debt at the time of your
death, we are authorized to exercise our right of setoff (our right to apply funds in one Account to the debt associated with
another Account) or security interest rights against the funds credited to your balance after your death. We are also not
required to disburse funds until we receive any documents we reasonably request to verify your death or incompetence and
to establish a new person’s authority to act in transacting on or closing your Account.
Adverse Claims. If there are conflicting instructions or there is any dispute regarding your Account, we may take any action
described in the Restricting Your Account; Blocking and Delaying Transactions section above, or we may place funds in a court
(this is called an interpleader action) for resolution. If any person notifies us of a dispute, we do not have to decide if the
dispute has merit before we take further action. We may take these actions without any liability and without advance notice,
unless the law says otherwise.
Setoff and Security Interest. If you owe a debt to us or any of our affiliates (either now or in the future), you grant us a right of
setoff to, and a security interest in, all of your accounts with us to secure the debt. Debts include any overdrafts or fees you
owe, as well as amounts owed us by another person or entity if you have guaranteed that you will pay their debts. If the debt
is due or overdue, we may use the funds in any of your Accounts to pay all or part of the debt. Our security interest will be
governed by Uniform Commercial Code Article 9, as adopted by the applicable state law, whether Article 9 applies by its
terms or not. We do not have to give you any prior notice to apply the funds. You expressly agree that our rights extend to
any electronically deposited federal or state benefit payments, including Social Security benefits, as permitted by law. If you
don’t want your benefits applied in this way, you may change your Direct Deposit instructions at any time with the person or
organization paying the benefits. The right of setoff does not apply if the debt is created under a personal credit card plan. If
any federal benefits or other payments are deposited to your Account after you become ineligible to receive them, we may
set off against any of your Accounts to recover the payments if we’re obligated to return funds to the payor.
No Waiver. If we fail to exercise any right, that doesn’t mean that we waive that right or any other right, and we may still
enforce all of our rights in the future.
Changes to the Agreement. We reserve the right to amend or change the terms of this Agreement at any time in accordance
with applicable law. We will post the amended Agreement at https://www.upgrade.com/deposit/borrower-agreement?
agreementType=DEPOSIT_ACCOUNT_AGREEMENT&productType=DEPOSIT&programDefinitionCode=DEP_CH_03 . All changes
shall be effective upon such posting to that page. Please check this page regularly so you are aware of any changes. If you
maintain your Account after the effective date of any such change, you indicate your agreement to such change. You will be
notified of any change as required by applicable law prior to the effective date of the change. We will endeavor to give you
written notice at least 21 days before the change becomes effective if the change will result in increased fees or liability to
you, fewer types of available EFTs, or stricter limitations on the transfers you may make. However, if the change is made for
security purposes, we can implement such change without prior notice. Notices will be made available on the App or Website
or delivered electronically using the most recent contact information we have on file for you.
Research, Legal Process and Requests for Information. If we receive any legal process relating to you or your Account, you
authorize us to comply with it. "Legal process" means any document that appears to have the force of law that requires us to
hold or pay out funds from your Account, including a garnishment, attachment, execution, levy or similar order. We do not
have to determine whether the legal process was validly issued or is enforceable. If any action, including administrative
proceedings, garnishment, tax levies, restraining orders or another action is brought against you or your Account, you will be
liable to us for any loss, cost or expense, including attorneys’ fees, resulting from our compliance with any legal process. If we
receive any subpoena, court order or request for information or documents from a government entity or arbitration panel
relating to your Account, we are authorized to comply with it.
Illegal Activities and Gambling Transactions. You agree not to use your Account for any illegal activity. We may also refuse any
gambling transaction, whether lawful or not.
Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and
when we’re required to send a customer’s funds to the state. After a specified period of time determined by the law of the
state of your residence, as shown in our records, if we are not able to locate you, we will be required to deliver your Account
to the state as abandoned property. You will then need to apply to the state for return of your funds. If your Account is or has
been inactive, we may, in our discretion, refuse to honor requests for withdrawals on your Account until after we have verified
that you have authorized the withdrawal request.
Reporting to Consumer Reporting Agency; Disputes. We may report information about you or your Account to a consumer
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reporting agency. If you believe that we have reported inaccurate or incomplete information about your Account to a
consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a
dispute directly to us by writing to the address on the first page of this Agreement. Provide your name, address and phone
number; your Account number; the specific information you are disputing; an explanation of why it is inaccurate or
incomplete; and any supporting documentation.
Rules Governing Your Account. We are located in New Jersey. We hold your Account in New Jersey. We enter into this
Agreement with you in New Jersey. Except as otherwise provided in the Arbitration section, this Agreement and your Account
are subject to applicable federal laws and laws of the State of New Jersey, without regard to internal principles of conflicts of
law. Except as otherwise provided in the Arbitration section, if any provision of this Agreement is found to be unenforceable
according to its terms, all remaining provisions will continue in full force and effect. Transactions in your Account are also
subject to the ACH Rules, other applicable clearinghouse and Federal Reserve rules and regulations. Changes in these laws
may change the terms and conditions of your Account. We will notify you of any changes as required by law. If this
Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Agreement
will govern.
Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of
our subsidiaries and affiliates and our subsidiaries and affiliates themselves) (collectively, the Indemnified Parties) will not be
liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such
Indemnified Party doesn’t follow your instructions if we reasonably believe that your instructions would expose us to potential
loss or civil or criminal liability, or conflict with customary banking practices. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE
FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN
UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL
BE LIMITED TO THE FACE AMOUNT OF THE ITEM. The foregoing limitation of liability will not apply where expressly prohibited
by the laws governing your Account. This Limitation of Liability section will survive termination of your Account.
Indemnification. You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in
connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or
willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or
omitted in good faith by us in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions
or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse
to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow
your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is
satisfactory to us. This Indemnification section will survive termination of your Account(s).
Pre-Judgment Interest Rate. If either of us is awarded a judgment against the other in connection with your Account, the rate
of interest earned before the judgment on the judgment amount will be the rate of interest your Account earned during that
period, if any, unless a different rate is required by applicable state law.
Severability. Any provision of this Agreement that limits the Bank’s liability does not negate the Bank’s duty, if any, under
applicable law to act in good faith and with reasonable care. If any provision of this Agreement is determined to limit the
Bank’s liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such term
or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the
invalid or unenforceable term or provision, and this Agreement will be enforceable as so modified.
III. ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS
ARBITRATION AGREEMENT AS DESCRIBED BELOW.
1. The parties to this Agreement agree that either you or any Indemnified Party, or any subsequent assigns of the
foregoing, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be
final and binding arbitration pursuant to this section (the Arbitration Provision), unless you opt out as provided in
paragraph (b) below. As used in this Arbitration Provision, Claim shall include any past, present, or future claim, dispute,
or controversy involving you (or persons claiming through or connected with you), on the one hand, and any Indemnified
Party and/or any assign of an Indemnified Party (or persons claiming through or connected with an Indemnified Party
and/or any assign of an Indemnified Party), on the other hand, relating to or arising out of this Agreement and/or the
activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided
otherwise in the last sentence of paragraph (f) below) the validity or enforceability of this Arbitration Provision, any part
thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort
(intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include
matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this
Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
2. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to Cross River Bank,
Attn: Legal Department, 400 Kelby Street, 14th Floor, Fort Lee, NJ 07024, only if received at the specified address within
30 days of the date of your electronic acceptance of the terms of this Agreement. The opt-out notice must clearly state
that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and
social security number; and be signed by you. You may send the opt-out notice in any manner you see fit as long as it is
received at the specified address within the specified time. No other methods can be used to opt-out of this Arbitration
Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her
authority to submit the opt-out notice on your behalf.
3. The party initiating arbitration shall do so with the American Arbitration Association (the AAA) or JAMS. The arbitration
shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and
policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any
countervailing law. In the case of a conflict between the rules and policies of the administrator and this Arbitration
Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent
to have the rules and policies of the administrator apply.
4. If an Indemnified Party (or any assign) elects arbitration, we or the Indemnified Party (or the assign, as the case may be)
shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration,
filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the
administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We or the
Indemnified Party (or the assign, as the case may be) shall pay the administrator's hearing fees for one full day of
arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the
administrator's rules or applicable law require otherwise, or you request that we or the Indemnified Party (or the assign)
pay them and we or the Indemnified Party agrees (or the assign agrees) to do so. Each party to the arbitration shall bear
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the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover
any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
5. Within 30 days of a final award by the arbitrator, any party to the arbitration may appeal the award for reconsideration
by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal,
any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all
aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration
Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual
arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal
right under the Federal Arbitration Act (FAA), and may be entered as a judgment in any court of competent jurisdiction.
6. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent
court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS,
REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN
IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD
HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless
consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise
bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless
those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award
in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in
arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve
any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a
named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this
paragraph (f) and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and
unenforceable. Any challenge to the validity of this paragraph (f) shall be determined exclusively by a court and not by
the administrator or any arbitrator.
7. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and
enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of
limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject
to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and
evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
8. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement
and the relationship of the parties and/or assignee; (ii) the bankruptcy or insolvency of any party or other person; and (iii)
any transfer of any account or this Agreement to any other person or entity. If any portion of this Arbitration Provision is
deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and
in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings
in paragraph (f) are finally adjudicated pursuant to the last sentence of paragraph (f) to be unenforceable, then no
arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or
make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY MAY HAVE
A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY
PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND
VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION
OF ARBITRATION BY ANY PARTY.
9. EXCEPTION: Active duty military servicemembers and their dependents are exempt from arbitration to the extent
provided for in the Military Lending Act.
Cross River Bank Checking Deposit Account Fee Schedule
Fee Type Fee
Wire Transfer (outgoing) $20 per transfer, after monthly allowance
We reserve the right add or change fees from time to time, and we will notify you of any fees or changes to our fees and this
Fee Schedule, as required by applicable law. You agree to pay all fees applicable to your Account. We may subtract any
applicable fees from your balance, even if the amount of the fee exceeds the Available Balance in your Account.
Cross River Bank Funds Availability Policy

Purpose. The information here describes Cross River Bank’s general policy of holding deposited Items in a deposit account
with Cross River Bank (Account) before funds are made available to you. For the purposes of this disclosure, "you"/"your"
refer to the Account holder and "our"/"we"/"us" refers to Cross River Bank. Cross River Bank does not accept all deposit types
on all Accounts. For information about what types of deposits are accepted for deposit into your Account serviced by
Upgrade, Inc., see your Checking Deposit Account Agreement.
Determining the Availability of Your Deposit. Our policy is to delay the availability of funds from your deposits as detailed
below, including, for example, where there is a significant risk of the subsequent reversal of the deposit. During the delay, you
may not withdraw the funds and we will not pay transactions from your Account using these funds.
The length of the delay is counted in Business Days from the day of your deposit. Every day is a Business Day except
Saturdays, Sundays and federal holidays. Except as otherwise provided below, if you make a deposit before 12:00pm Eastern
Time on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a
deposit after 12:00pm Eastern Time or on a day we are not open, we will consider that the deposit was made on the next
Business Day we are open.
The length of the delay varies based on the type of deposit and is explained below.
Same-Day Availability. Funds from the following deposits are generally available on the day we receive the deposit:
Electronic direct deposits made through the ACH by a third party to your Account; and
Wire transfers
Deposits by ACH Transfer from Your Linked External Account to Your Account. For transfers you instruct from an external
bank account you own and hold with another financial institution in the U.S. (Linked External Account) to your Account (Pull
Transfer), if you instruct the Pull Transfer before 12:00pm Eastern Time on a Business Day that we are open, we will consider
that day to be the day of your deposit. However, if you instruct the Pull Transfer after 12:00pm Eastern Time or on a day we
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are not open, we will consider that the deposit was made on the next Business Day we are open. Funds from these deposits
will generally be available on the third Business Day after the day of your deposit.
Mobile Check Deposits. For deposits made using Mobile Deposit, if your Check Images are received and accepted, as
evidenced by Electronic Notice, for processing before 3:00pm Eastern Time on a Business Day that we are open, we will
consider that day to be the day of your deposit. However, if your Check Images are received and accepted, as evidenced by
Electronic Notice after 3:00pm Eastern Time or on a day we are not open, we will consider that the deposit was made on the
next Business Day we are open. Funds from these deposits are generally available on the second Business Day after the day
of your deposit. The first $225.00 of your deposits, however, will be available on the first Business Day after the day of your
deposit.
Longer Delays May Apply. Availability of funds you deposit may be delayed for a longer period of time under certain
circumstances. A longer delay may apply if, for instance:
We reasonably believe a check you deposited will not be paid.

You deposit checks totaling more than $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your Account repeatedly in the last six months, either by overdrawing your Account six or more
Business Days in six months, or overdrawing greater than $5,000 on two or more Business Days in six months.
We reasonably believe a deposit will be returned unpaid.
There is an emergency, such as a failure of computer or communications equipment.
We reasonably believe a transfer from a Linked External Account will be returned.
We reasonably believe that you are not the owner of a Linked External Account.
We will notify you if we delay your ability to withdraw funds for any reason, and we will tell you when the funds will be
available. They will generally be available no later than the seventh Business Day after the day of your deposit.
Holds on Other Funds in Another Account. If we accept a check for deposit that is drawn on another financial institution, we
may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a
corresponding amount of funds that you have on deposit in another account with us, if any. The funds in the other account
would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of
check that you deposited.
Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still
responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.
Special Rules for New Accounts. If you are a new customer, the following special rules may apply during the first 30 days your
Account is open.
Same-Day Availability. Funds from the following deposits are available on the day of deposit:
Electronic direct deposits made through the ACH by a third party to your Account; and
Wire transfers.
Second-Day Availability. Funds from the first $5,525 of deposits made using Mobile Deposit are available on the second
Business Day after the day of your deposit.
Other Check Deposits. Funds from all other check deposits will be available on the seventh Business Day after the day of
your deposit.
Electronic Fund Transfer Agreement

Electronic Fund Transfers: Your Rights and Responsibilities
This disclosure contains important information about your use of electronic fund transfer (EFT) services provided by Cross
River Bank in relation to your Deposit Account (Account) provided by the Bank and serviced by Upgrade, Inc. (Upgrade).
Whenever you accept or authorize EFTs to your Account, you agree to these terms and conditions, in addition to any other
applicable limitations in the Checking Deposit Account Agreement concerning deposits to and withdrawals from your Account.
Please read this document carefully and retain it for future reference.
Types of Available EFTs
Debit Card Services. You can use your debit card as follows.
You can use your debit card at an ATM in a participating network, including to:
Withdraw cash;
Check your Account balance; and
Obtain a copy of recent Account activity
Your ability to access your Account and perform the transactions listed above depends on location, type, and network of the
ATM; ATMs do not all offer the same options.
Please note that an ATM owner/network may charge a fee for any activity, including withdrawals, balance inquiries and
transfers.
You can use your debit card at participating merchants, including to:
Purchase goods and services. Purchases are subtracted from your Account balance. If you have arranged with your
merchant to make recurring payments, you must notify the merchant if your card number or expiration date has
changed or your debit card is closed. We may also provide the merchant or the participating network your new Account
number and expiration date.
Withdraw cash while making a purchase using your PIN if the merchant permits the cash-back option.
Send or receive payments from another person, or receive payments from a business by providing your card number to
third-party payment services.
Electronic transfers using your Account number. You may authorize a third party to transfer funds to or from your Account by
providing your Account number and your routing number. These transfers may use various payment networks and may take
various forms, such as:
Employer payroll, government benefits or other direct deposits;

One-time or recurring charges to your Account to a utility payment or to pay other bills; or
A "check conversion" transfer, where a merchant or other payee creates an electronic transfer from your paper check.
The merchant may keep your check or return it to you.
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Upgrade Website and App. You may use the Upgrade website (Website) or mobile application (App), including to:
View your Account information;

Request fund transfers between your Account and a Linked External Account by ACH transfer; and
Make bill payment.
Transfers by ACH.
Cutoff Time. Each request for a fund transfer by ACH will have a date of processing (Transfer Date) that must be a Business
Day. Requests must be received by us by 12:00PM Eastern Time on a Business Day to be initiated on that Business Day. Online
transfer requests received by us after 12:00PM Eastern Time or on a day that is not a Business Day generally will be initiated
on the next Business Day. If you request a transfer to recur on the last day of the month, you understand and agree that the
Transfer Date will be set as the last Business Day of the month, which may be before the last calendar day of the month. If
you request a transfer to recur on any other basis and the recurrence falls on a day that is not a Business Day, you
understand and agree that the Transfer Date will be set as the next Business Day.
Additional Terms. By authorizing any transfer from your Account or a Linked External Account (in such case, the Source
Account) by ACH:
You confirm that you are an authorized signer to the Source Account and that you are not required to obtain the
agreement or consent of any other person who owns or has a claim to funds in the Source Account to make this
authorization (or that you have obtained all required agreements and consents from other persons who own or have a
claim to funds in the Source Account).
You acknowledge that electronic debits and/or credits will be processed through the ACH system and must comply with
applicable law.
Where the Source Account of a transfer is not held at Cross River Bank, you understand and agree that the Source
Account must have enough available collected funds to cover the transfer amount on the Transfer Date. Where the
Source Account of a transfer is held at Cross River Bank, you understand and agree that the Source Account must have
enough available collected funds (i) from the later of your authorization request and 5:00PM Eastern Time on the
Business Day before the Transfer Date (ii) until the transfer funds are debited on the Transfer Date.
You understand and agree that any transfer that you have requested, including, in the case of a request for repeating
transfers, any future transfer, may be declined if it exceeds any transaction limitations or other limits we impose as
described under the Preauthorized Payments section below, and that each transfer that you have requested, including, in
the case of a request for repeating transfers, any future transfer, will be processed only once. Accordingly, in the event
of a declined transfer, you will need to submit a new transfer request in case you wish to make that transfer, which shall
also be subject to any limits we impose.
You authorize us to initiate any additional credit or debit entries if necessary to correct any error that has previously
occurred.
Telephone Banking. You may speak with an Upgrade customer service representative to get your Account information, or
schedule an electronic funds transfer.
You understand and agree that any access or use of the Upgrade Website or App, including any features made available via
the Website and App, are subject to any specific terms and conditions and additional disclosures made available in connection
therewith and which you must consent to prior to any such access or use.
Important Information and Agreements About your Debit Card
Authorizations and holds. Most merchants ask us to authorize your purchase. When we give authorization to a merchant, we
will reserve or place a hold on your available balance. The authorization amount may be different than the actual amount of
the transaction. There may be delays of several days between the authorization and the date the transaction is presented for
payment, and your transaction may post to your Account after the authorization hold has lifted.
Currency Conversion – Additional Fee Notice. When you use your debit card with a merchant that settles in a currency other
than U.S. dollars, the change will be converted into the U.S. dollar amount by VISA International as described in your Upgrade
VISA® Debit Card Agreement and Disclosures. You will be assessed an International Service Assessment charge equal to (1%)
of the total transaction. If the transaction is done online, Visa will use the merchant’s country code when determining if this
fee will be charged. There is also a Currency Conversion Assessment which is related to the conversion of your transaction
into US currency. The fee will only be applied if the transaction requires currency conversion. The calculation of this fee is
0.3% of the total transaction amount.
ATM safety and safeguarding your Account information.
Be safe at ATMs. Some ATM locations are recorded by a surveillance camera or cameras. We advise you to be aware of
your surroundings before, during and after any ATM use. Here are some additional tips:
Choose an ATM that is well lit.
Don’t use an ATM that looks unusual or altered.
During the hours of darkness, consider having someone accompany you to the ATM.
If you suspect the ATM isn’t working properly or if you notice anything suspicious, cancel the transaction and find
another machine.
When using an ATM with a separate entry door, you should close the door completely before initiating your
transaction.
If you need emergency assistance as a result of criminal activity or medical emergency, contact 911.
At a walk-up ATM, minimize transaction time by having your card ready to use. At a drive-up ATM, keep your car
engine running and lock your doors.
Stand between the ATM and anyone waiting to use the machine or cover your hand so others can’t see your PIN or
the transaction amount.
As soon as your transaction is complete, remove your card from the ATM, and then put away your money, receipt,
and card. Do not stand at the ATM counting cash. Check that you received the correct amount later, in a secure
place.
Contact the police or a security officer if you see any suspicious activity at the ATM. If you think you’re being
followed, go to a heavily populated, well lighted area, and immediately contact the police.
Direct complaints concerning an ATM to the institution operating the ATM at the telephone number found on or near
the ATM. If we own or operate the ATM, you may contact us at 1-877-55CRB55 or contact the New Jersey
Department of Banking at 1-609-292-7272.
Keep your PIN confidential. Never give your PIN to anyone, and don’t write it down. In addition, to keep your card
information safe:
Use a PIN that others can’t easily figure out.
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To change your PIN, or if you forget your PIN, request a new PIN using the Upgrade Website or App.
Protect your debit card or ATM card as you would a credit card or cash.
Please see your Upgrade VISA® Debit Card Agreement and Disclosures for more information.
Limits on the Type, Frequency or Amount of EFTs.
ATM Cash Withdrawal. You may make withdrawals using an ATM up to $1,010 per day.
Debit Card Purchases. You may make in-person purchases up to $6,000 per day and online purchases up to $6,000 per day.
Transfer Limits. We limit the number and dollar amount of transfers you can make to or from a Linked External Account
through maximum limits (Absolute Limits) and special rules that may further limit transfers (Threshold Limits). These limits
will be determined in our sole discretion during your Account approval process based on our requirements, which may include
your Account eligibility, transaction history, direct deposit history, direct deposit amounts, and other risk-based factors, and
are subject to change with 30 days’ prior notice as required by applicable law. We will notify you when your Account has been
approved and will provide you access to your limits in the Upgrade App and Website.
You may not exceed either Absolute Limits or Threshold Limits for transfers to or from Linked External Accounts; however for
transfers from Linked External Accounts to your Account, we apply Threshold Limits only on the excess of the transfer amount
over Net Lifetime Deposits, subject to a daily maximum limit of $100,000 that you are permitted to withdraw to Linked
External Accounts. "Net Lifetime Deposits" for a Linked External Account is the aggregate total funds previously transferred
by request to Upgrade from that source to any of your deposit account(s) through Upgrade, less any funds that have already
been transferred back by request to Upgrade. We may reject and refuse to pay any transaction that would exceed Absolute
Limits or Threshold Limits.
Please see your Checking Deposit Account Agreement, Upgrade VISA® Debit Card Agreement and Disclosures, and the
Checking Transfer Limitations help page, for more information.
Managing Your Account Balance. You agree that the amount of any EFT you authorize, which will debit your Account, will not
exceed the Available Balance in your Account. We do not have to allow any EFT that would create an overdraft in your
Account. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Account,
the EFT or other service may not be completed.
Your Rights and Responsibilities
The use of EFT services described in this Agreement creates certain rights and responsibilities regarding these services as
described below.
Business Days. For the purposes of these disclosures, our Business Days are every day except Saturdays, Sundays, and
federal holidays.
Documentation of Your EFTs.
Periodic Statements. You will get a monthly Account statement reflecting credits and debits to your Account, including
EFTs.
ATM and Merchant Receipts. You can receive or have the option to receive a receipt at ATMs and at merchant locations
each time you make a transaction. However, for certain small dollar transactions you may not receive a receipt.
Direct Deposits. If you have arranged to have EFT Direct Deposits made to your Account at least once every 60 days
from the same person or company, the person or company making the deposit may notify you every time they send us
the money. You can call us at 844-319-3692 or write to us at depositsupport@upgrade.com to find out whether or not
the deposit has been made.
Other EFT Confirmations. You may call us at 844-319-3692 or write to us at depositsupport@upgrade.com to find out
whether any EFT you requested was successfully completed.
Preauthorized Payments
Right to Stop Payment and Procedure for Doing So. If you have told us through Upgrade in advance to make regular EFT
payments out of your Account or Linked External Account, you can stop any of these payments by calling us at 844-319-
3692 or writing to us at depositsupport@upgrade.com. We must receive your request 3 Business Days or more before
the payment is scheduled to be made. If you contact us to stop a payment, please have the following information ready:
your Account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the
scheduled transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after
you call.
Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments 3 Business
Days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Notice of Varying Amounts. If these regular EFT payments may vary in amount, the person you are going to pay will tell
you, 10 days before each payment, when it will be made and how much it will be.
Our Refusal to Pay a Preauthorized or Other Regular (Automatic) EFT. We reserve the right to refuse to pay a
preauthorized or other regular EFT debiting your Account or Linked External Account, for example, if your Account has
insufficient funds to cover such transfer, if we are unable to verify the ownership of or other information about the
account to or from which the funds will be transferred, or if the EFT would exceed any limitations we impose on the
number and dollar amounts of transfers or other limits as set forth under the Other Limitations section above. We may
also refuse such a transaction after initially accepting it. If we do that, you understand and agree that we will initiate
additional debits or credits if necessary to correct the initial transaction.
Your Liability for Unauthorized EFTs. Notify us, through our service provider, Upgrade, IMMEDIATELY if you believe:
Your debit card has been lost or stolen

Your PIN, virtual card, or other Access Credentials have been compromised; or
An EFT has been made without your permission, or someone has transferred or may transfer money from your Account
without your authorization.
Notifying us immediately is the best way to protect your Account. Please refer to our contact details below. Telephoning us
through Upgrade is the best way to keep your possible losses down. You could lose all the money in your Account.
If we are notified within 2 Business Days after you learn of the loss or theft of your debit card, virtual card, or Access
Credentials, you can lose no more than $50 if someone used your Access Credentials or device to access your Account
without your permission.
If we ARE NOT notified within 2 Business Days after you learn of the lost or theft, and we can prove we could have stopped
someone from using your debit card, virtual card, or Access Credentials without your permission if you had told us, you could
lose as much as $500.
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Signature-based transactions made with your debit card are covered by VISA Zero Liability. This applies to any fraudulent
signature-based transactions processed on the VISA or Plus network, whether online or offline, which is reported within 60
calendar days of your receipt of the first periodic statement on which the fraudulent transaction(s) appear that was made
available to you electronically. We may increase the liability limit to the amounts described above if we reasonably determine,
based on substantial evidence, that you were negligent or fraudulent in the handling of your Account or your debit card, you
were proven to have participated in the transaction, or both. VISA Zero Liability does not apply to PIN-based or PIN-less debit
transactions not processed by the VISA or Plus Network, including ATM transactions outside the United States.
Also, if your statement shows transfers that you did not make, including those made by debit card, virtual card, PIN, or other
means, notify us IMMEDIATELY. If you do not tell us within 60 days after the statement was mailed to you or made available to
you electronically, you may not get back any money you lost after the 60 day period if we can prove that we could have
stopped someone from taking the money had you told us in time. If a good reason, such as a long trip or a hospital stay, kept
you from telling us, we may extend the time periods.
If you believe your debit card has been lost or stolen, or your PIN, virtual card, or other Access Credentials have been
compromised, call us at 844-319-3692 or by writing to us as soon as possible at depositsupport@upgrade.com.
In Case of Errors or Questions about your EFTs. Contact us through Upgrade at 844-319-3692 or at
depositsupport@upgrade.com as soon as you can, if you think your statement or receipt is wrong or if you need more
information about an EFT listed on the statement or receipt. We must hear from you no later than 60 days after we send the
FIRST statement on which the problem or error appeared.
(1) Tell us your name and the last four digits of your Account number, if any.
(2) Describe the error or EFT 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.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide
to do this, we will credit your Account within 10 Business Days for the amount you think is in error, so that you will have use of
the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing
and we do not receive it within 10 Business Days, we may not credit your Account.
For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate
your complaint or question. For new Accounts, we may take up to 20 days to credit your Account for the amount you think is
in error.
We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we
will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make a Transfer. If we do not complete an EFT to or from your Account on time or in the correct
amount according to the Agreement, we will be liable for your losses or damages. However, there are some exceptions. We
will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Account to make the EFT.
The ATM where you are making a transfer does not have enough cash.
If a system or terminal you use to make an EFT was not working properly and you knew about the breakdown when you
started the EFT.
If circumstances beyond our control, such as fire or flood, prevent the transfer despite reasonable precautions that we
have taken.
There may be other exceptions stated in our Agreement with you.
Confidentiality. We will disclose information to third parties about your Account or the EFTs you make:
(1) Where it is necessary for completing EFTs;
(2) In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
(3) In order to comply with government agency or court orders; or
(4) If you give us your written permission.
Amendments. We may change any provision of this Electronic Fund Transfer Agreement in our discretion, as permitted by
law. If we do, we will give you notice if and to the extent required by applicable law.
Termination. We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time. We
will provide you notice before doing so where required by law. You also have the right to terminate your use of the EFT
services described in this Agreement at any time by calling us through Upgrade at 844-319-3692 or writing to us at
depositsupport@upgrade.com. If you call, we may require you to put your request in writing and get it to us within 10 Business
Days after you call. If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers
involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of
our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement
that have arisen before the effective date of such termination.
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Cross River Bank Checking Deposit Account Agreement

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Cross River Bank Checking Deposit Account Agreement

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