Your enrollment in the Online Service may include access to some products and services through a mobile device or via the Spirit of Texas Mobile App (“Mobile Banking Services”). By using the Mobile Banking Services, you agree to the following terms. You agree that we may send you information relative to Mobile Banking Services through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Mobile Banking Services. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through the Mobile Banking Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Banking Services. Additionally, not all of the products, services or functionality described on the Site(s) and the Agreement are available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service, or functionality. Information available via the Mobile Banking Services, including balance, transfer and payment information, may differ from the information that is available directly through the Online Banking Service and Site(s) without the use of a mobile device. Information available directly through the Online Banking Service and Site(s) without the use of a mobile device may not be available via the Mobile Banking Services, may be described using different terminology (including capitalized terms used in the Agreement or on our Site(s), or may be more current than the information available via the Mobile Banking Services, including but not limited to account balance information. The method of entering instructions via the Mobile Banking Services may also differ from the method of entering instructions directly through the Online Banking Service without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Banking Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking Services. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.