Terms of Use

1. Acceptance of Terms

Welcome to Ashmore Trust Bank. These Terms of Use ("Terms") govern your access to and use of the Ashmore Trust Bank website, mobile applications, online banking platforms, and related services (collectively, the "Services").

By accessing or using any of our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you may not access or use our Services.

These Terms are a legally binding agreement between you and Ashmore Trust Bank ("we," "us," "our," or the "Bank"). Your use of specific Services may also be subject to additional agreements, such as deposit account agreements, loan agreements, or cardholder agreements, which will be provided to you separately.

2. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement.
• You are a resident of the United States or another jurisdiction where use of our Services is not prohibited by law.
• All information you provide to us is accurate, current, and complete.
• You are not located in a country that is subject to U.S. government sanctions or embargoes.
• You are not on any U.S. government list of prohibited or restricted parties.

We reserve the right to refuse service, terminate accounts, or cancel transactions at our sole discretion, including if we believe you do not meet these eligibility requirements.

3. Account Registration and Security

3.1 Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information promptly if it changes.

3.2 Account Credentials

You are responsible for maintaining the confidentiality of your account credentials, including your username, password, and any multi-factor authentication codes. You agree to:

• Choose a strong, unique password that you do not use for other services.
• Notify us immediately of any unauthorized use of your account or any other security breach.
• Ensure that you log out of your account at the end of each session, especially when using shared devices.
• Not share your credentials with any third party.

3.3 Unauthorized Access

You are responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to comply with these security obligations. If you suspect unauthorized access, you must contact us immediately at our 24/7 customer service line: 1-440-951-2300.

4. Online Banking Services

4.1 General

Our online banking services allow you to manage your accounts, transfer funds, pay bills, view statements, and conduct other banking transactions electronically. These services are governed by these Terms and any additional agreements provided to you during enrollment.

4.2 Transaction Limits

We may establish limits on the frequency, amount, or type of transactions you can conduct through online banking. These limits may be adjusted at our discretion and will be communicated to you through our Services or as otherwise required by law.

4.3 Transaction Processing Times

Transactions initiated through online banking are subject to processing times and cut-off times as disclosed in our Services. Transactions initiated after cut-off times may be processed on the next business day. We are not responsible for delays caused by third parties or circumstances beyond our control.

4.4 Bill Pay

Our bill payment service allows you to pay bills electronically. You are responsible for ensuring that payee information is accurate and that you have sufficient funds in your account. We are not liable for late fees or other charges resulting from:

• Insufficient funds in your account
• Inaccurate payee information provided by you
• Delays caused by the payee or mail delivery
• Circumstances beyond our reasonable control

4.5 Mobile Deposit

Our mobile deposit feature allows you to deposit checks using your mobile device. By using this feature, you agree to:

• Endorse checks properly and include "For Mobile Deposit Only" or similar restrictive endorsement.
• Capture clear images of the front and back of each check.
• Securely store or destroy the original check after deposit confirmation.
• Not deposit the same check through any other channel.

We may establish limits on mobile deposit amounts and may decline to accept certain checks at our discretion.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using our Services for any unlawful purpose or to facilitate illegal activities.
• Fraud: Attempting to defraud us or any third party, including using counterfeit checks or engaging in identity theft.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, other users' accounts, or any part of our Services.
• Interference: Interfering with or disrupting the integrity or performance of our Services, including introducing malware or engaging in denial-of-service attacks.
• Scraping: Using automated means to extract data from our Services without our written permission.
• Misrepresentation: Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
• Violation of Laws: Violating any applicable laws, regulations, or third-party rights.
• Money Laundering: Engaging in transactions designed to conceal the origin of funds or evade reporting requirements.

We reserve the right to investigate and take appropriate action against any violation of these prohibitions, including reporting such activities to law enforcement authorities.

6. Intellectual Property Rights

6.1 Our Content

All content on our Services, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of Ashmore Trust Bank or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

"Ashmore Trust Bank," the Ashmore Trust Bank logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ashmore Trust Bank or its affiliates. You may not use such marks without our prior written permission.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purposes. This license does not permit you to:

• Copy, modify, or create derivative works of our content.
• Distribute, publicly display, or commercially exploit our content.
• Remove any copyright or other proprietary notices.
• Use our Services in any manner that exceeds the scope of this license.

6.4 User Content

If you submit any content to us (such as feedback, suggestions, or comments), you grant us a perpetual, irrevocable, royalty-free license to use such content for any purpose without compensation to you.

7. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Ashmore Trust Bank. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites. Any transactions you enter into with third parties are solely between you and the third party. We recommend reviewing the terms and privacy policies of any third-party websites you visit.

8. Disclaimers

8.2 No Warranty of Uninterrupted Service

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We are not responsible for outages, delays, or failures caused by:

• Internet or network disruptions
• Hardware or software failures
• Natural disasters or acts of God
• Acts of terrorism or war
• Government actions or regulatory changes
• Third-party service provider interruptions

8.3 Financial Advice

Our Services may provide general financial information and tools, but they do not constitute financial, investment, or legal advice. You should consult with qualified professionals regarding your specific financial situation before making any decisions.

8.4 Accuracy of Information

We strive to provide accurate information, but we do not warrant that any information on our Services is accurate, complete, or current. Account balances and transaction histories are for informational purposes and may not reflect all pending transactions or holds.

9. Limitation of Liability

Our total liability to you for any claims arising from or relating to these Terms or your use of our Services shall not exceed the greater of:

• The amount of fees you paid to us in the six months preceding the claim; or
• One hundred dollars ($100).

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we were advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ashmore Trust Bank, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of or access to our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content or information you submit to us
• Your violation of applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting customer service or through your account settings, if available. Termination will not affect any rights or obligations that accrued prior to termination.

11.2 Termination by Us

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms. Grounds for termination may include, but are not limited to:

• Violation of these Terms or other agreements
• Fraudulent or illegal activities
• Inactivity for an extended period
• Request by law enforcement or government authorities
• Technical or security issues

11.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or relating to them shall be governed by the laws of the State of New York, without regard to its conflict of laws principles, and applicable federal law.

12.2 Informal Resolution

Before filing any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at disputes@ashmoretrust.com. We will attempt to resolve the dispute internally. If we cannot resolve the dispute within 60 days, either party may proceed as set forth below.

12.3 Binding Arbitration

Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be held in New York, New York, unless you and we agree otherwise.

YOU AND ASHMORE TRUST BANK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

12.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek injunctive or equitable relief in a court of competent jurisdiction to prevent or stop infringement of intellectual property rights.

13. Changes to These Terms

We may modify these Terms at any time by posting the revised version on our website with an updated effective date. If we make material changes, we will notify you through our Services or by other means, such as email. Your continued use of our Services after the effective date of revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using our Services and close any accounts before the new effective date.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with any additional agreements you enter into with us (such as account agreements), constitute the entire agreement between you and Ashmore Trust Bank regarding your use of our Services.

14.2 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Assignment

You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Contact Information

If you have any questions about these Terms or our Services, please contact us:

For account-specific issues or customer service, please contact our 24/7 customer support line at 1-440-951-2300.