Online Banking Agreement

Last Updated: February 6, 2026

Introduction. This Ivy Bank Online Banking Agreement (“Agreement”) between you and Ivy Bank governs the use our Online Banking service (“Online Banking”). The Online Banking service permits Ivy Bank consumer customers to perform a number of online banking functions through the various online banking services (“Online Banking Services”) as set forth in this Agreement. By enrolling in Online Banking or requesting or using any of the Online Banking Services or permitting someone else to use them on your behalf, you acknowledge and agree to the terms of this Agreement, which is subject to change from time to time. You should retain a copy of this Agreement for your files. You may also access the most current version of this Agreement online, and you may print or store a copy from there for your records.

Definitions. Capitalized terms not otherwise defined in this Agreement shall have the following meanings:

“Bank” refers to Ivy Bank, a division of Cambridge Savings Bank.

“Business Day” means Monday through Friday; Saturdays, Sundays and holidays are excluded.

“Cut-off time” refers to the time that transactions are effectively dated.

“Online Banking” is the Internet-based service providing access to your Bank accounts.

“Personal Computer” means hardware, such as a desktop computer, your home computer, a personal computer, a mobile phone or any similar type of device used to access your accounts at the Bank.

“Secure Access Code” is a text, voice, or email message that we send to your cellphone or email address on file with us that contains a unique, one-time passcode that you must enter in order to complete a specific transaction. Never provide your Secure Access Code to anyone that calls, texts, or emails you asking for it.

“We,” “us,” or “our” refers to Ivy Bank, a division of Cambridge Savings Bank, and any affiliate, subsidiary, agent, independent contractor, designee, service provider or assignee we may, in our sole discretion, involve in the provision of the Online Banking Services.

“You” or “your” refers to the person enrolling in, accessing, transacting, and using any of the Online Banking Services.

Deposit Account Requirement. You must have an Ivy Bank deposit account to use the Online Banking Services. Authorized accounts are those used for personal, family, or household purposes that are linked for use with the Services. The Online Banking Services and any linked accounts are also governed by the agreements, disclosures, and other documents provided to you in connection with the opening of your accounts, as the same may be amended from time to time, and include, but are not limited to, the Ivy Bank Understanding Your Deposit Account agreement, the Electronic Notifications Disclosure and Consent, and the Ivy Bank Personal Account Fee Schedule (collectively, “Account Agreements”). You should review those Account Agreements for any applicable fees, availability of deposits, limitations on the number of transactions you can make, and other restrictions that may impact your use of the Online Banking Services. In addition to the fees set forth in our Ivy Bank Personal Account Fee Schedule, there may be other fees associated with performing certain transactions not owned or operated by Ivy Bank. These other fees are not assessed by us and will not be waived. If you have previously entered into the Ivy Bank Mobile Deposit Service Agreement or the Ivy Bank eTransfer Terms of Service, those agreements are superseded and replaced by the terms of this Agreement. To the extent there is a conflict between the terms of this Agreement and your Account Agreements, the terms of your Account Agreements will control except as may be otherwise stated herein. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement shall control.

Access Methods. To access the Online Banking Services, you will need a Personal Computer with a current internet browser that supports 128-bit encryption (for an up-to-date list of certified browsers please contact us). You will need a username and password to log on to Online Banking. In using the Online Banking Services, you acknowledge that you will be sending financial and other data as well as electronic messages directly to the Bank through the Internet and any personal financial software (“PFM”) software that may be licensed to you through the Online Banking Services. You acknowledge and agree that we may use third parties to provide certain of the Online Banking Services to you on our behalf. To the extent permitted by law, you agree that the Bank is not responsible for any security breaches of your Personal Computer, including the fraudulent retrieval of the Online Banking Services, credentials obtained from viruses on your Personal Computer, the internet or PFM software. If you are using a wireless internet connection, you must have adequate security to prevent unauthorized retrieval of confidential Online Banking Services information.

User Confidentiality and Security. We are committed to protecting the security and confidentiality of information about your account and use of the Online Banking Services. We identify users by their unique security credentials including username, password, registered Personal Computer identification, and, for certain transactions, a Secure Access Code. All transactions initiated with your security credentials are attributed to you. You agree not to give or make available your security credentials to any other individual, including anyone claiming to represent us. Your password acts as your signature as the owner and user of the username for your personal Online Banking Services. Your password is an identification code that is personal and confidential. The use of the password with the Online Banking Services is a security method by which we are helping you maintain the security of your accounts.

YOU AGREE THAT YOU WILL NOT DISCLOSE YOUR PASSWORD OR SECURITY CREDENTIALS TO ANYONE, INCLUDING ANYONE THAT CONTACTS YOU CLAIMING TO REPRESENT IVY BANK OR CAMBRIDGE SAVINGS BANK, AND THAT YOU WILL TAKE ALL REASONABLE PRECAUTIONS TO ENSURE THAT NO ONE ELSE LEARNS YOUR SECURITY CREDENTIALS. YOU AGREE THAT IF YOU GIVE YOUR PASSWORD TO SOMEONE ELSE TO USE OR ALLOW THEM TO ACCESS THE ONLINE BANKING SERVICES, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE ONLINE BANKING SERVICES BY THEM, INCLUDING ANY ACCOUNT DEBITS, UNTIL YOU TELL US THAT YOU HAVE REVOKED THIS AUTHORIZATION. FOR CERTAIN TRANSACTIONS, WE MAY SEND YOU A SECURE ACCESS CODE VIA TEXT, EMAIL, OR AUTOMATED TELEPHONE MESSAGE. WE WILL NEVER CALL OR EMAIL YOU AND ASK YOU TO PROVIDE THE SECURE ACCESS CODE.

If you permit any other person or entity, including any data aggregator or similar service providers, to access Online Banking or to access or use your card numbers, account numbers, PINs, username, password, or other means to access your accounts, you are responsible for any transactions and activities performed on your accounts and for any use of your personal and account information by such persons or entity. You agree to: (i) keep your username and password secure and strictly confidential; (ii) immediately notify us of any change in status, or authority, of any authorized signer on record with the bank; and (iii) immediately notify us and select a new username and/or password if you believe your username or password is known by, or may be used by, an unauthorized person. We will have no liability to you for any unauthorized payment or transfer made using your username or password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or terminate your use of the Online Banking Services without notice if we suspect your username or password is being used in an unauthorized or fraudulent manner or in the event of repeated failed payments or transfers. If your subscription is suspended, transactions, which were previously recurring and/or scheduled, will be canceled.

In addition to the foregoing, in order to help protect yourself against fraud, you agree to adhere to the following practices: (i) do not leave your Personal Computer unattended while you are using the Online Banking Services - when you logoff, make sure to completely close your browser; (ii) never leave your account information within range of others; (iii) do not send security credentials or sensitive information such as account numbers, username, password, social security number, or Secure Access Code via email or text; (iv) use and regularly update virus and malware protection software on your Personal Computer; and (v) contact us immediately if you believe that your security credentials have been lost, stolen, or otherwise compromised.

Features and Functionality. You may use the following features and functionality available through Online Banking:

Account Access. You may link your eligible personal accounts (i.e. those used for personal, family, or household purposes) for online access or viewing through Online Banking. These accounts include your savings and certificate of deposit accounts with us. When you access your accounts, you may view your account balance, summary information, and limited transaction history.

Transfers of Funds. You may use Online Banking to transfer funds. There are three types of transfers; “Account Transfer,” “eTransfer” and “Wire Transfer.” With the Account Transfer service, you can make one-time transfers or schedule future or recurring transfers to move funds among your savings accounts with us. Account Transfers have a cutoff time of 8 P.M. ET and transfers initiated after the cutoff time on a Business Day or on a non-Business Day will not process until the following Business Day.

The eTransfer service allows you to transfer money to or from your eligible accounts at the Bank and other accounts held by you at another financial institution, as long as the transfer is permitted by us, your other financial institution, and applicable law. eTransfers have a cutoff time of 5:30 P.M. ET and transfers initiated after the cutoff time on a Business Day or on a non-Business Day will not process until the following Business Day. eTransfers will typically be debited from your account on the Business Day immediately following the day you direct us to initiate processing (i.e. the “send on” date) and will typically be credited to the recipient within two (2) Business Days, however, Ivy Bank cannot guarantee the timely delivery of funds as a result of the failure of another institution to act in a timely manner. You agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association (“NACHA Rules”). Any eTransfer using the ACH network is subject to the NACHA Rules. You understand and agree that you may obtain a copy of the NACHA Rules at https://www.nacha.org/ (fees may apply). Failure to comply with the NACHA Rules may result in termination or suspension of your accounts and/or any agreement you have with us. We reserve the right to conduct an audit for purposes of verifying your compliance with the NACHA Rules. By utilizing the eTransfer service you agree to adopt and make to us all representations and warranties of an originator under the NACHA Rules. You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check.

We may also make available to you a form that you can submit to us through Online Banking to initiate a Wire Transfer. You acknowledge that we require certain security procedures in order to initiate eTransfers and wire transfers, which include use of your username and password, and may include such other security and identification methods as we may require from time to time, such as security questions, Secure Access Codes, and callbacks to your phone number on file with us. You acknowledge and agree that the security procedures for transfers initiated through Online Banking are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with our security procedures, unless you have given us prior notice of possible unauthorized use of your password and we had a reasonable opportunity to act on such notice.

You further acknowledge and agree that we are entitled to rely on the account number and routing number provided by you without any obligation to look at the name of the beneficiary or bank which may also appear in your eTransfer or wire transfer payment order instruction — even if the number identifies a person different from the named beneficiary or bank. If your eTransfer or wire transfer payment order instruction describes the recipient inconsistently by name and account number, posting of the payment transmitted by Ivy Bank to the receiving bank may be made by the receiving bank on the basis of the account number supplied by you — even if such account number identifies a person or entity different from the named recipient. If you provide an incorrect account number or routing number for the recipient, the eTransfer or wire transfer may be misdirected, resulting in the loss of funds. You acknowledge and agree that Ivy Bank has no obligation to detect errors and no liability for any incorrect, inconsistent, or missing information in your eTransfer or wire transfer payment order instruction.

Personal Online Banking Statements. You affirmatively consent that you can access, receive, and retain periodic account disclosures, such as monthly statements and change-in-terms notices, regarding any deposit account, whether existing now or in the future, in the formats we may use. You affirmatively consent to the receipt of such disclosures electronically as set forth in your Account Agreements. We may send email communications to your email address on file with us to notify you when your statement is available. Regardless of our sending of such notice or your receipt of such a notice, you acknowledge that you are responsible for retrieving and reviewing your statement on a timely basis in Online Banking, as you must notify us of any discrepancies within the time periods set forth in your Account Agreements. As agreed at account opening, as a condition of opening and maintaining your account, you will generally not have the option to have paper statements or notices sent or mailed to you. We recommend that you download or print your statements and notices for future use.

PFM Services. We offer a variety of tools and services within Online Banking to help you better manage your finances. This may include the ability to use third party software that may allow you to: (i) view information about certain accounts accessible through websites at other institutions where you maintain accounts; or (ii) to view your credit score. You agree that the information is provided for informational purposes only in order to generally help you better manage your finances.  You also agree that you have the authority to provide any information that is necessary to utilize such services to us and our service providers. We may change the PFM services offered through Online Banking at any time and without notice. You are responsible for the accuracy of information you input and the use of information retrieved. In order to enroll in PFM services you will generally be required to agree to additional terms and conditions as part of your enrollment.

Electronic Alerts. We provide automatic and voluntary alerts. We strongly recommend that you do not suppress these alerts as some are intended to provide added security to your Online Banking Services. Automatic Alerts are sent to you following certain changes made online to your Online Banking Services, such as a change in your email address or login credentials. You do not need to activate these alerts. Voluntary Alerts must be activated by you. Alerts allow you to choose alert messages for your accounts. Since alerts are not encrypted, we will never include your identifying information such as your username or account number. Likewise, we will never ask you to provide this type of information via an email or text. However, alerts may include your name and some information about your accounts. Depending on which alerts are sent, information such as your account balance or the due date for a payment may be included. Anyone with access to your email or text may be able to view the contents of these alerts. Electronic Alerts will be sent to the home address, email, or phone number, you have provided as your preferred alert destination. If your contact information changes, you are solely responsible for notifying us of that change. We are not responsible for an alert not being delivered if you have not notified us of an address change or given us reasonable time to act on such a request. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We endeavor to provide alerts in a timely manner with accurate information, however we neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance on an alert.

Stop Payment Instructions. The initiation by you of certain electronic fund transfers from your account will effectively eliminate your ability to stop payment of the transfer. Please refer to the “Electronic Funds Transfer Agreement Your Rights and Responsibilities” section of the Ivy Bank Understanding Your Deposit Account agreement for information regarding your ability to stop payment. You should contact us immediately if you believe you need to place a stop payment. In addition to the methods described for contacting us in the Ivy Bank Understanding Your Deposit Account agreement we may also make a stop payment form available to you within Online Banking which allows you to request that we stop payment on transactions processed through the Automated Clearing House network.

Mobile Deposit Service. This section of the Agreement governs the terms of consumer remote deposit service, which we refer to as “Ivy Bank Mobile Deposit.” The service allows you to make deposits of checks (“original checks”) to your Ivy Bank savings account(s) from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information (“images”) to us, or our processor, with your smart phone, tablet or other mobile device. You must be an Ivy Bank Online Banking user with a valid email address to apply for Ivy Bank Mobile Deposit.

Capitalized terms not otherwise defined in this section shall have the following meanings:

“Drawn On” means the account in which the funds for the check that is to be paid are held.

“Endorsement” or “Endorse” means the Payee’s signature(s) and other required information on the back of the check.

“Funds Availability Disclosure” means our explanation of when the funds that are represented by a check that is deposited in an Ivy Bank account become available for a customer’s use, which may be obtained from a customer service representative or in your Account Agreements.

“Payee” means the person to whom payment is made by a check.

“Payor” means the person who orders payment – in other words, the person who signs a check.

Mobile deposits are subject to daily and rolling 30-day deposit limits. We may review your account any time to assess the appropriateness of your current limits and we may adjust your limits (including to zero) in our sole discretion. You agree to scan and deposit only checks Drawn On U.S. banks in U.S. dollars. You agree that you will not use Ivy Bank Mobile Deposit to deposit: (i) checks which are stale (more than 6 months old,) or post-dated (made payable at some point in the future); (ii) checks payable to any person or entity other than you (i.e., payable to another party and then Endorsed to you); (iii) checks payable to you and another party who is not a joint owner on the account; (iv) checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is Drawn On; or (v) deposits which exceed your daily or rolling 30 day limit.

Each image must provide all of the information that is contained on the front and back of the original check at the time presented to you by the Payor, including, but not limited to, the following information: information about the Payor and the paying bank that is preprinted on the original check; the numerical encoded information on the bottom of the check; the Payor’s signature(s); and all required Endorsements applied to the back of the original check. 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. Endorsements must be made on the back of the check within 1½ inches from the top edge. Your Endorsement must include your signature, your account number and the words “FOR MOBILE DEPOSIT ONLY”. Any loss we incur from a delay or processing error resulting from an irregular Endorsement or other markings by you will be your responsibility. If the check is made payable to you and another Payee, both of you must Endorse the check, and it must be deposited into a CSB joint account owned by both of you. If the check is payable to you or another Payee, either of you may Endorse the check and deposit it into any CSB account for which the person endorsing the check is an authorized party. If the check lists two Payees and does not specify “or”, we will require both Payees to Endorse the check, and deposit the check into an Ivy Bank joint account owned by both Payees. As described in your Account Agreements, we may not accept checks with multiple Endorsements for deposit unless we are able to verify each Endorsement.

All images processed for deposit through Ivy Bank Mobile Deposit will be treated as “deposits” under your current Account Agreements with us and will be subject to all terms of the Account Agreements. When you initiate a mobile deposit, it is not deemed “received” by us until we have processed and credited the deposit to your account. This process does not mean that the image contains no errors. We are not responsible for any image we do not receive. We may process the mobile deposit by preparing a “substitute check” or using the image you have provided to clear the item. We reserve the right to reject any deposit made through Ivy Bank Mobile Deposit, which fails to satisfy any of our processing requirements, as determined by us in our sole discretion. We will notify you of rejected images. Reasons for rejection may include any of the following: incomplete or missing Endorsement; illegible check or poor image quality; altered check; or duplicate check. This list is a list of examples only and is not a list of all of the reasons that an image of a check may be rejected.

After you receive confirmation that we have received an image, you must securely store the original check for ninety-one (91) days after transmission to us and make the original check accessible to us at our request. We may request to view the original check for a variety of reasons, such as we have concerns with the accuracy or validity of the image. Upon our request, and within five (5) business days, you must deliver to us, at your expense, the original check. If you do not provide the original check in a timely manner, the deposit in question will be reversed from your account. At the end of this ninety-one (91) day period, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check. You agree that you will never re-present the original check. You understand that you are responsible if the original check is ever presented again for payment.

As with any non-cash deposit, credit to your account for any check deposited using Ivy Bank Mobile Deposit is provisional. If an original check deposited through Ivy Bank Mobile Deposit is dishonored, rejected or otherwise returned unpaid for any reason, including without limitation issues relating to the quality of the image that you have transmitted to us, you will receive an image, reproduction or substitute of the original check and we will charge the deposit amount back to your account. As with any returned item, you will be responsible for reimbursing us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. You are prohibited from attempting to deposit or otherwise negotiate an original check through Ivy Bank Mobile Deposit if it has been charged back to you. As described in your Account Agreements, if you deposit a check that is returned to Ivy Bank for any reason, including insufficient funds of the Payor, we may “set off” the amount of the returned item. We may “set off” by debiting the account into which you deposited the returned item or by transferring funds from another account held by you with us. We may do so whether or not the reason for the returned item was presented to us on a timely basis.

You make the following warranties and representations with respect to each image you transmit to us using Ivy Bank Mobile Deposit:

Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the payer of the check has no defense against payment of the check.

The amount, Payee(s), signature(s), and Endorsement(s) on the image and on the original check are legible, genuine, and accurate.

You will not deposit or otherwise Endorse to a third party the original check. No person will receive a transfer, presentment, return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check, such that the person will be asked to make payment based on an item that has already been paid.

There are no other duplicate images of the original check, other than a non-negotiable photocopy which may be kept for recordkeeping purposes.

The original check was authorized by the payer in the amount stated on the original check and to the Payee(s) stated on the original check.

You are authorized to enforce and obtain payment of the original check.

You have possession of the original check and no party will submit the original check for payment.

You will notify us immediately if you learn of any loss or theft of the original check.

You will use Ivy Bank Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit images of original checks for deposit and that you have handled the original checks in accordance with applicable laws, rules and regulations.

With respect to each image, you make to us all representations and warranties that we also make, or are deemed to make, to any party pursuant to law, regulation or clearing house rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. Ivy Bank Mobile Deposit may be temporarily unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and/or Internet software. In the event that Ivy Bank Mobile Deposit is unavailable, you may deposit original checks by mailing the original check to:

Ivy Bank

P.O. Box 540047

Waltham, MA 02454

Deposits made through our Ivy Bank Mobile Deposit service are not considered electronic direct deposits for purpose of funds availability. Deposits made through Ivy Bank Mobile Deposit are considered to be made in Cambridge, Massachusetts with a 7:00 P.M. Eastern Time cut-off time. Any deposit made through Ivy Bank Mobile Deposit received and confirmed before 7:00 P.M. Eastern Time on a Business Day that we are open will be credited to your account the same day. Deposits made through Ivy Bank Mobile Deposit which are received and confirmed on or after 7:00 P.M. Eastern Time and any such deposits confirmed received on holidays or days that are not our Business Days will be credited to your account on the following Business Day. Deposits made through Ivy Bank Mobile Deposit are subject to the Funds Availability Disclosure. As noted in your Account Agreements, deposits of Ivy Bank and Cambridge Savings Bank are combined for FDIC insurance purposes and are not separately insured.

You agree you will complete each deposit via Ivy Bank Mobile Deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to take all necessary steps to safeguard against unauthorized deposits. You must notify us immediately by telephone at 1-855-IVY-BANK (855-489-2265) and with written confirmation if you learn of any loss or theft of original checks. You agree to ensure the safety and integrity of original checks from the time of receipt until the time of destruction. You are solely responsible for the quality, completeness, accuracy, validity and integrity of any image transmitted to us using Ivy Bank Mobile Deposit. You are solely responsible if you intentionally or unintentionally submit fraudulent, inaccurate, incorrect, illegible or otherwise improper or unusable images to us. You are also solely responsible if Ivy Bank Mobile Deposit is used by any person other than you using your credentials, whether or not you have authorized such other person, to submit fraudulent, unauthorized, inaccurate, incorrect, illegible or otherwise improper or unusable images to us. In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile, copy or reproduce all or any part of, or interfere or attempt to interfere with, the technology or service included in or associated with Ivy Bank Mobile Deposit. We and our service provider(s) retain all rights, title and interests in and to all services, technology, software, development and hardware included in or associated with Ivy Bank Mobile Deposit.

You understand and agree that you are required to indemnify us and all of our affiliates, officers, employees and agents and hold us and all of our affiliates, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising from your use of Ivy Bank Mobile Deposit and/or any breach of the terms and conditions of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement. You understand and agree that you are required to indemnify our service providers and each of their affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to us or your use of Ivy Bank Mobile Deposit, unless such claim directly results from an action or omission made by our service provider in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.

Transaction Limits. There may be limits on the amount or frequency of money you can send or deposit through the Online Banking Services. These limits may be adjusted by us from time to time in our sole discretion and may not be the same for each service offered or for each customer. You can determine your limits by viewing them within the applicable Online Banking Services or by contacting our Contact Center. In addition, Cut-off times may vary by the specific services within Online Banking.

Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE ONLINE BANKING SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED USING THE ONLINE BANKING SERVICES WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE ONLINE BANKING SERVICES OR ANY OF THE TECHNOLOGY RELATED THERETO WILL BE CORRECTED.

Our Liability. We will process and complete all Online Banking Services which comply with the terms of this Agreement. Except as otherwise provided in this Agreement, if we do not complete such a transaction, we may be liable for direct damages you may suffer. In no event shall we be liable for any indirect, special, incidental, punitive, or consequential damages. In addition, we shall incur no liability if we are unable to complete any transaction initiated by you or on your behalf because of the existence of one or more of the following circumstances:

Through no fault of ours, your account, and any overdraft account, if applicable, does not contain sufficient available funds to complete the payment. Transactions are based on available funds in accordance with our Funds Availability Disclosure.

The Online Banking Services, your communication line, your Personal Computer, modem or mobile device was not functioning properly and you knew about the malfunction or were advised of it by us when you started the transaction.

You did not properly initiate a transaction or provide us with the correct names and account information for those payees to which you wish to direct payment.

Circumstances beyond our control (such as, but not limited to, fire, power outage, equipment or technical breakdown, delays in the mail delivery, flood, or other outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

The funds are subject to legal process or other hold or encumbrance restricting such transfer.

Your subscription to the Online Banking Services, your account(s) with us, your accounts that are not Ivy Bank accounts, or PFM service has been terminated for any reason.

For any other failure or error, unless such failure or error was the result of Ivy Bank’s gross negligence or willful misconduct.

You knowingly accessed the Services without the protection and proactive use of industry accepted security methods, such as anti-virus software or firewalls, to safely store and keep your confidential information.

You used unsupported browsers, a mobile phone or unprotected internet connection, such as wireless internet access, to view your Services.

We have reason to believe that transactions are being transacted with or without your actual knowledge that do not conform to our operating standards.

Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN THE EVENT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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, THE ONLINE BANKING SERVICES REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

New Services. You may be notified of new services being introduced for Online Banking from time to time. By using these services when they become available, you agree to be bound by the terms and conditions that will be made available to you concerning these services.

Insufficient Funds. If you have instructed us to make a debit for which there are insufficient available funds in your selected Bank account, the payment may not be made. If the debit was for an eTransfer transaction, your eTransfer service may be canceled. It is your responsibility to contact us to resolve this matter. Simply making a deposit into your account will not satisfy the eTransfer Service and reactivate it if it has been deactivated. When your account is blocked, no electronic payments will be made. We will not be liable for any debits that are not executed due to your account having insufficient funds. If a debit is made even though sufficient funds were not available in your account, you agree to repay the funds owed immediately, including any applicable fees. For our eTransfer Service, we reserve the right to review all circumstances on a case-by-case basis. As a general rule, we will not reinstate an eTransfer Service once it has been suspended for insufficient funds or any other reason. For all Online Banking Services, such suspension and/or reinstatement decisions remain our sole discretion.

Electronic Notice: E-Mail and Text Messaging. To the extent permitted by applicable law, any e-mail or text you send us will not be effective until we receive it and have had a reasonable opportunity to act on it. We therefore strongly suggest that you report all matters requiring immediate attention (for example, reports of alleged unauthorized payments or errors or requests for stop payments) to us by contacting us via a means noted at the end of this Agreement. We may, however, require you to provide us with confirmation of any oral or electronic stop payment request or notice of alleged error. You also agree that we may send you an electronic notice in response to any communication you send to us, regardless of whether your original communication to us was an e-mail or text. E-mail and text communications may not be secure. Thus, we request that you do not send us or ask for sensitive information such as account numbers, usernames, secret passwords, social security numbers, account information, or similar sensitive information, via e-mail or text. You may use the Secure Email feature in Online Banking for communications involving the exchange of sensitive information.

Unauthorized Use. Notify us immediately if you believe that your username, password, or Secure Access Code has been lost, stolen or otherwise compromised. As a preliminary step, you should also immediately change your password if you know these have been compromised. Telephoning is the best way of minimizing your possible losses. If you think your username, password, or Secure Access Code has been lost, stolen or used without your permission, contact us immediately using one of the means noted at the end of this Agreement. In addition, if you give your username, password, or Secure Access Code to any other person, you will be deemed to have authorized that person to access any and all accounts noted in the Online Banking Services. The law may limit your liability for certain unauthorized transactions if you notify us promptly.

Amendments. We may amend or change this Agreement at any time. If the change adversely affects you, we will give you notice prior to the effective date of the amendment to the extent required by applicable law. Such notification may be by U.S. Mail, e-mail, or text to your address, email address, or phone number, as it appears on our records. We may also provide such notification by posting notice on our website or within Online Banking. Your use of Online Banking, including any new or additional service, after the effective date of the change will constitute your acceptance of and agreement to the change. We may terminate your participation in the Online Banking Services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obligated to do so.

Termination; Inactivity. Unless otherwise required by applicable law, we may terminate this Agreement or any of the Online Banking Services for any reason in our sole discretion without prior notice. You also have the right to terminate the services provided under this Agreement by calling us or writing to us at the telephone number or address set forth below. If you call, we may require you to put your request in writing and send it to us within ten Business Days after you call. However, termination of this Agreement will be effective the day you call. Since termination requests take up to 30 days to process, you should cancel all outstanding payment or transfer orders in addition to notifying us of your desire to terminate the service. We will not be liable for payments or transfers not canceled, or payments or transfers made due to lack of proper notification by you of service termination. If you do not access the Online Banking Services, sign on to the Online Banking Services or have any transaction scheduled through the Online Banking Services during any consecutive 90 day period we may cancel your Online Banking Services and require you to reapply through our online registration process.

Governing Law. The laws of the Commonwealth of Massachusetts shall govern this Agreement. In the event of a dispute regarding the Online Banking Services, you and we agree to resolve the dispute by looking to the terms and conditions contained herein and disclosures you received when your account was opened, including your Account Agreements. You may request a copy of these documents from us at any time.

Your Contact Information. You are responsible for keeping your contact information with us current. We may rely on your address, including, without limitation, your e-mail address, as it appears on our records for any and all communications we send to you unless and until you notify us in writing at the address set forth below and we have had a reasonable opportunity to act on such notice.

Our Contact Information. You may contact us using the following information: