Mobile Deposit Service. Synchrony Bank’s Mobile Deposit Service (the “Mobile Deposit Service”) allows you to deposit checks to your Synchrony Bank deposit account by taking pictures of checks and sending the images to us in accordance with our requirements. This Agreement (the “Mobile Deposit Terms”) governs your use of the Mobile Deposit Service. “You” and “your,” mean you, individually, each other account holder on your account and any other party using the Mobile Deposit Service. The “Bank,” “we,” “our,” and “us” refer to Synchrony Bank. Capitalized terms have the same meaning as in your Synchrony Bank Account Agreement and Disclosures. These Mobile Deposit Terms are in addition to the Synchrony Bank Account Agreement and Disclosures, our Website Usage Agreement and any other written agreements and disclosures applicable to your account, all of which will apply to the Mobile Deposit Service. If there is a conflict between the terms of any other agreement or disclosure and these Mobile Deposit Terms regarding the Mobile Deposit Service, these Mobile Deposit Terms will govern. The Bank may change, add to or remove any portion of these Mobile Deposit Terms or the Mobile Deposit Service at any time. If you use the Mobile Deposit Service once the Mobile Deposit Terms are revised, it means you agree to those changes.

Eligibility. Your eligibility to use our Mobile Deposit Service will be determined by us in our sole discretion. We may terminate, suspend or modify the Mobile Deposit Service, or your use of the Mobile Deposit Service, at any time. Even if we terminate the Mobile Deposit Service, these Mobile Deposit Terms will continue to apply to any check images transmitted and deposits made through the Mobile Deposit Service. You must log in to our website or otherwise authenticate your identity as we may require in order to use the Mobile Deposit Service. You agree that we may treat any transmission or transaction we receive through the Mobile Deposit Service as authorized by you if it is authenticated in accordance with our security procedures.

Deposit Limits. We may limit, and may change the limits at any time, the dollar amount or number of checks that you can deposit using the Bank’s Mobile Deposit Service in our sole discretion. These limits are available on our website. If we accept a deposit that exceeds the limits: (1) you’ll be liable to the Bank for any losses or fees resulting from the acceptance of the deposit; and (2) our acceptance of the deposit doesn’t waive our right to reject any other deposit that exceeds the limits.

Fees. There are no fees for using our Mobile Deposit Service, but other fees may apply, such as fees for returned items.

Eligible Devices. You must obtain, at your own expense, a mobile phone or tablet which includes a camera or other functionality or feature capable of capturing and transmitting images to the Bank, and that operates with either 1) the Apple iOS operating system, version 6 or later, or 2) the Google Android operating system, version 4 or later. The Bank may change or add to these requirements at any time. The Bank is not responsibility for defects, failures or incompatibility of any equipment, device or software used with the Mobile Deposit Service, including any third party software you may need to use the Mobile Deposit Service. Any third party software is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider. You are responsible for all costs of using the Mobile Deposit Service, including, but not limited to, wireless and internet service charges.

Eligible Checks. You agree to use the Mobile Deposit Service to only deposit checks payable to you, to cash or to your order in U.S. dollars that are drawn on a personal or corporate account and that meet the definition of a “check” as defined in Federal Reserve Regulation CC, 12 C.F.R. Part 229, and in federal Reserve Regulation J, 12 C.F.R. Part 210. Even if an item otherwise meets these requirements, the following items are not eligible for deposit using the Mobile Deposit Service: (1) government-issued checks (such as IRS checks, or social security or other benefit checks); (2) checks payable to others (even if endorsed over to you); (3) checks drawn on a foreign bank or payable in a foreign currency; (4) money orders; (5) traveler’s checks; (6) demand drafts or remotely created checks (i.e. checks lacking the original signature of the person authorizing the check); (7) substitute checks as defined in Federal Reserve Regulation CC, 12 C.F.R. Part 229 (“Substitute Check”); (8) checks that are altered or irregular in any way (e.g. where the numerical and written amounts are different); (9) checks that have been previously returned unpaid for any reason; (10) checks that are postdated or more than 6 months old; (11) checks you suspect may be fraudulent or not properly authorized; (12) checks that exceed the limits we establish on the dollar amount or number of checks that you can deposit using the Bank’s Mobile Deposit Service; (13) checks which are not acceptable under the terms of your Account Agreement; (14) currency; (15) certified checks or cashier’s checks; (16) payable-through drafts; (17) saving bonds; (18) lottery or prize checks; or (19) checks drawn on a loan account such as a credit card or line of credit. We may modify the list of items excluded from deposit using the Mobile Deposit Service at any time without prior notice. If the Bank processes a non-eligible item, the Bank will not be obligated to processes any other non-eligible item. If the Bank processes a non-eligible item, the item is subject to the requirements applicable to the processing of checks described in these Mobile Deposit Terms. Additionally, the Bank may refuse any check for deposit, with or without cause, or may require you to make the deposit using a means other than the Mobile Deposit Service.

Endorsements. You must restrictively endorse any check you deposit using Mobile Deposit Services “For Deposit Only to Synchrony Bank,” or as otherwise instructed by us. You agree not to deposit any check that contains any other restrictive endorsement or limitation on payment. If you do, you agree that we may strike or disregard any restrictions or process the check without regard to the restrictions, and you assume liability for all losses, costs, expenses and damages that may result. If any check is missing an endorsement, you authorize the Bank to supply the endorsement on your behalf. Notwithstanding any endorsement you place, or the lack of any endorsement, on any check, you authorize us to process the check for collection, and you assume all risks of missing or erroneous endorsements.

Review of Check Images. You must make sure that any check images you send to us accurately and legibly shows the entire front and back of the check and satisfies all requirements established from time to time and provided by the Bank to you. You acknowledge that a check image may not capture or include all security features contained in the original check.

Storage and Destruction of Original Checks. You must retain your original check in a secure location for 14 days following the day that you transmit the check images to us. You must promptly provide us with the original check if we ask for it during this period. At the end of the 14 day period and provided that your deposit has been confirmed by us, you must destroy the original check (and any copies of the original check) in a secure manner.

Duplicate Checks Deposits and Presentments. You must make sure that any check that you deposit through Mobile Deposit Service is not, has not been and will not be presented or processed for payment or used to create any other form of payment order or instruction, directly or indirectly in any other way, unless the Bank has notified you that the check is an exception item or there has been a processing error, and you are instructed to submit the original check to the Bank for processing.

Exception Items. The Bank may reject any check that we determine in our sole discretion is not an eligible check, that does not satisfy our check image quality standards or otherwise cannot be submitted for collection through the Mobile Deposit Service. We will notify you if a check is rejected and will tell you how to handle it, which may include physically depositing the original check. If we have previously credited your account for a rejected check, we may debit your account for the amount of that check.

Errors. If you think there has been an error in the processing of any deposit that you make using the Mobile Deposit Service, you must notify us immediately, and in no event later than the later of 60 days after the date of the account statement on which the deposit appears or ninety 90 days after the date that you sent the deposit to us.

Hours of Operation and Cut-Off Time. You can use the Mobile Deposit Service 24 hours a day, 7 days a week, except when the Mobile Deposit Service is unavailable due to maintenance or system outages. The Bank is not responsible for the unavailability of the Mobile Deposit Service or any damages that may result from its unavailability. The cut-off time for the receipt of check images is 7:00 p.m. Eastern Time on each Business Day. If we receive a check image before the cut-off time on a Business Day, we will review and process your check image the same Business Day. If we receive your check image after the cut-off time or on a day that is not a Business Day, we will review and process your check image on the next Business Day. A check image is not considered received until the Bank acknowledges receipt.

Receipt and Processing of Check Images. The Bank will send an email to you acknowledging receipt of any check images you send. Once a check image is received, it will be reviewed by the Bank before it is accepted for deposit. If the Bank approves the check image for deposit, the Bank will send an email to you notifying you of the approval. If the Bank determines that a check image is not complete, is otherwise not usable, or does not conform to the Bank’s deposit guidelines, the Bank may reject that deposit. The Bank may also accept a deposit for an amount different from the amount you input using the Mobile Deposit Service if, for example, the amount of the actual check is different from the amount you input. The Bank will send an email to you notifying you of the rejection of the deposit or that the deposit has been approved in an amount different from the amount you input, and the Bank may adjust any provisional credit given to your account. Notwithstanding any of the foregoing, you acknowledge that the Bank is under no obligation to you to inspect or verify the accuracy, legibility or quality of any check images or MICR line information associated with the check images.

Collection. We may choose how to attempt to collect your check in our sole discretion, including without limitation by: (1) processing your check image through a check image collection system or clearinghouse; (2) converting your check image to a Substitute Check and collecting the Substitute Check through the check collection system; or creating an electronic funds transfer (“EFT”) using the information on the check image and processing that EFT. The collection of check images and/or Substitute Checks is subject to the rules of clearinghouses, Federal Reserve Banks, or private clearing bank agreements governing the manner by which the check images or Substitute Checks are collected and/or returned. The collection of EFTs is subject to the operating rules and guidelines of the National Automated Clearing House

Association. You agree that each Substitute Check or check image described in these Mobile Deposit Terms is a “check” and/or an “item” for all purposes under applicable federal and state law to the same extent as the original check whose image was used to create the Substitute Check or check image is a “check” or an “item,” except to the extent otherwise provided under applicable law.

Funds Availability. We will make funds available from your Mobile Check Deposits in accordance with our Funds Availability Policy.

Returned Items. If any item deposited using the Mobile Deposit Service is returned to the Bank, the item will be treated as a returned original check. In the event that the Bank receives as a return a paper reproduction of the check image that fails to meet the requirements for a Substitute Check for any reason, you authorize the Bank, in its discretion, to treat the paper reproduction in the same manner as the original check. Your account will be charged back the amount of any returned Substitute Check, check image or EFT, in addition to any applicable fees in accordance with the terms of your Account Agreement. The Bank has no obligation to you in the event that the Bank or any other bank in the collection process rejects or returns a check image, Substitute Check or EFT, or are otherwise unable to collect any check image, Substitute Check or EFT. You acknowledge that if a check image is returned (e.g., through the return of the check image, Substitute Check or EFT created from that check) for any reason, you will not receive the original check as the returned item.

Representations and Warranties. You represent and warrant the following with respect to each check image that you transmit through the Mobile Deposit Service: (1) the check image is eligible for deposit using the Mobile Deposit Service; (2) you have the legal right to accept the check for deposit and negotiation; (3) the check image and deposit information that you transmit accurately represent all of the information on the front and back of the original check at the time of transmission; (4) you have not taken any action that would obscure, alter or impair the capture or transmission of information on the front or back of the check; (5) you will utilize the Mobile Deposit Service in accordance with all instructions provided by the Bank, including those set forth in these Mobile Deposit Terms with respect to the retention and destruction of original checks; (6) you will use the Mobile Deposit Service for lawful purposes only and in compliance with both federal and state law; (7) the original check, a duplicate check image, or any other paper or electronic representation of the original check will not be deposited, presented, transferred or returned by you or any other person such that the Bank or any other person (such as the drawer of the check) will be asked to make payment based on any of the foregoing; (8) you make all warranties that would otherwise apply to the original check if you had physically deposited that original check with the Bank, including without limitation that: (a) the check has not been altered and you have the right to enforce the check; and (b) you make all transfer, presentment, and other warranties that the Bank (or any correspondent bank) is deemed to provide to others under any law, regulation, operating circular, or clearing exchange agreement to which the Bank is a party. THE BANK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF MERCHANTABILITY, WITH RESPECT TO THE USE OF THE MOBILE DEPOSIT SERVICE. THE BANK MAKES NO WARRANTIES THAT THE MOBILE DEPOSIT SERVICE WILL BE ERROR- FREE, SECURE OR UNINTERRUPTED. YOU AGREE THAT THE USE OF THE MOBILE DEPOSIT SERVICE IS AT YOUR OWN RISK AND ON AN “AS IS’ BASIS.

Indemnification. You agree to indemnify, defend, and hold the Bank, and the Bank’s affiliates, service providers, vendors and licensors harmless from and against any and all actions, proceedings, liabilities, losses, costs (including attorney’s fees), penalties, and claims, including (without limitation) warranty claims, unless caused by the Bank’s or service providers’ intentional misconduct or gross negligence, that result from or arise directly or indirectly from: (1) the Bank’s processing of check images and associated deposit information in accordance with these Mobile Deposit Terms; (2) your breach of any representation or warranty under these Mobile Deposit Terms or failure to comply with these Mobile Deposit Terms; (3) any claim by a recipient of a Substitute Check corresponding to a check image processed through the Mobile Deposit Service that the recipient incurred a loss due to the receipt of a Substitute Check instead of the original check; (4) multiple payments derived directly or indirectly from the same original check; or (5) your breach of any applicable law.

Our Liability. The Bank and its service providers will not be liable for any losses sustained by you in connection with your use of the Mobile Deposit Service, except those losses that are a direct result of the Bank’s or its service providers’ intentional misconduct or gross negligence. Without limiting the generality of foregoing, the Bank and its service providers will not be responsible for any losses which arise, directly or indirectly, in whole, or in part, from: (1) any error or delay due to a telecommunication or systems failure or the unavailability of the Mobile Deposit Service due to other causes beyond the Bank’s or its service providers’ reasonable control; or (2) the return of any check by the institution upon which it is drawn. The Bank and its service providers will not be liable to you for any consequential, indirect, incidental, special or punitive damages arising under these Mobile Deposit Terms or the Mobile Deposit Service, for any replacement services or technology, or for any damage or corruption to your data, even if the Bank has been advised of the possibility of such damages. Any claim or dispute arising out of the use of the Mobile Deposit Service or based upon the these Mobile Deposit Terms will be determined by binding arbitration in accordance with the arbitration provisions in your Account Agreement, unless you have opted out of these provisions.

License and Proprietary Rights. You agree and acknowledge that any related documentation, pricing, and other aspects and terms related to the Mobile Deposit Service provided by the Bank, including, without limitation, these Mobile Deposit Terms, are the proprietary information of the Bank and its service providers. Except as expressly and unambiguously allowed in these Mobile Deposit Terms, you will not use such information for any purposes other than to deposit eligible checks to your account using the Mobile Deposit Service.