BBVA Compass

BBVA Compass Mobile Banking Terms of Use

BBVA Compass Mobile Banking Service allows customers to obtain certain services via a cell phone or other handheld mobile device, or streaming device, as described below (“Mobile Banking Service” or “Service”). In this BBVA Compass Mobile Banking Terms of Use agreement (“Terms of Use”), “you” and “your” refer to the Mobile Banking Service user who has enrolled in the Mobile Banking Service, and the terms “BBVA Compass,” “Bank”, “we” and “us” refer to Compass Bank. BBVA Compass may assign or delegate any or all of its rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or performed by either BBVA Compass or its service provider.

Your use of the Mobile Banking Service constitutes your acceptance of these Terms of Use. These Terms of Use are subject to change from time to time. We will notify you of any material change as provided herein. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Mobile Banking Service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.

In order to access the Mobile Banking Service, you must have (i) a handheld device or streaming device that can send and receive information using the technology that supports this Mobile Banking Service (an “Eligible Mobile Device”) and (ii) all information required to enroll, which will be described in the BBVA Compass Mobile Banking Application (“Mobile Application”) at the time of enrollment. Eligible Mobile Devices necessary to obtain the Mobile Banking Service are described on the Bank’s Web site at www.bbvacompass.com/go/mobile. BBVA Compass may update the Eligible Mobile Devices from time to time. The technical standards required to access and use the Mobile Banking Service (the “Mobile Technical Standards”) vary among the types of Eligible Mobile Devices and telecommunications carriers that support this Service. The Mobile Technical Standards are described on the Bank’s Web site, and may be updated from time to time to reflect changes in the technology that supports the Mobile Banking Service.

With the Mobile Banking Service, you may use your Eligible Mobile Device to access certain accounts that are made available to you through, or that you request be added to, the Mobile Application (each, a “Mobile Account”), and you may use your Eligible Mobile Device to (i) view balances and recent transactions for each BBVA Compass Mobile Account; (ii) make immediate, one-time transfers of funds between certain Mobile Accounts; and (iii) access additional services that may be available through the Mobile Application. In some cases, transfers can be made from one or more of your BBVA Compass Mobile Accounts to accounts of other BBVA Compass customers. When you make a transfer to another BBVA Compass account that you do not own, you represent and warrant that you have all necessary authority for any transfers you make. Additional terms and conditions (“Addendum” or “Addenda”) may apply in order to access certain additional services that may be available through a Mobile Application. Your use of the Mobile Banking Service will be governed by the Deposit Account Agreement, where applicable, these Terms of Use, all Addenda and all other terms and conditions in agreements governing accounts you have with us or services we provide to you.

We do not currently charge you any fee to register for or access the Mobile Banking Service or to download any Mobile Application. However, you may incur charges to receive internet, cellular or other data service on your Eligible Mobile Device. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of the Mobile Banking Service.

You are responsible for maintaining the security of your Mobile Device and any security code(s) you have created for the purpose of accessing the Mobile Banking Service, and you are responsible for all transactions you or any other person initiates or authorizes using the Mobile Banking Service. If you allow any person to obtain or to use your Mobile Device or security code(s), you will have authorized that person to access your Mobile Accounts, and you agree that you will be bound by any agreements that person accepts or acknowledges electronically through the Mobile Banking Service. Notify us at once if the phone number for your Mobile Device is changed or service to your Mobile Device is terminated, or if you believe that your Mobile Device has been lost or destroyed, or if you believe that your security code(s) has been compromised, or that your Mobile Device or any of your Mobile Accounts have been accessed or used without your authorization, or if any periodic statement shows a transaction on a Mobile Account that you did not make, including any unauthorized transaction made via the Mobile Banking Service. Contacting us immediately by telephone will help you avoid responsibility for unauthorized transactions and will help you and us reduce possible losses. Call us at: 1-800-273-1057, or write to us at:

BBVA Compass
Online Banking Support
P.O. Box 10566
Birmingham, AL 35296

You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to install and use the Mobile Application only on an Eligible Mobile Device that you own or control, solely for your personal use and as expressly permitted herein. It is solely your responsibility to download and install any Mobile Application that is identified on the BBVA Compass Web site as required in order to access the Mobile Banking Service through your Eligible Mobile Device. BBVA Compass has no responsibility to notify you of any changes to or new releases for any required Mobile Application.

You acknowledge that from time to time, the Mobile Banking Service may be delayed, interrupted or unavailable for an indeterminate period of time. BBVA Compass and its affiliates shall not be liable for any claim arising from or related to the Mobile Banking Service arising from any such delay, interruption or unavailability.

In no event will BBVA Compass or its affiliates be liable for indirect, consequential or special damages, including lost profits, arising from or related to the Mobile Banking Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. BBVA Compass disclaims all warranties with respect to any Mobile Application, whether express, implied or statutory, including without limitation implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. You release BBVA Compass, its service providers, and its affiliates from all claims and damages that may arise from or relate to your use of any Mobile Applications. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any Mobile Application, and you may not redistribute any Mobile Application. All rights not expressly granted to you herein are reserved by us.

By identifying an Eligible Mobile Device for use with the Mobile Banking Service, BBVA Compass does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance, and costs associated with such device with your telecommunications carrier or internet service provider.

BBVA Compass and its service providers have no obligation to correct any bugs, defects or errors in the Mobile Banking Service or Mobile Applications, or to otherwise support, maintain, improve, modify, upgrade or enhance the Mobile Banking Service or Mobile Applications. Subject to applicable law or regulations, BBVA Compass may terminate your use of the Mobile Banking Service and expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the service, change the enrollment process, and/or change the transaction limits associated with the Mobile Banking Service at any time in its sole discretion without prior notice.

You acknowledge and agree that BBVA Compass may collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of updates to Mobile Applications and product support, for security reasons, for marketing purposes, and for other service to you (if any) related to, or in connection with, the Mobile Banking Service.

You agree that you will not use the Mobile Banking Service or any services related thereto while driving. You assume all risk associated with the use of the Mobile Banking Service, including the use of any Mobile Application. You agree that you will not use the Mobile Banking Service or any services related thereto for any purposes prohibited by United States law; and shall not use or otherwise export or re-export the Mobile Application(s), except as authorized by United States law and the laws of the jurisdiction in which the Mobile Application(s) was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN YOUR DEPOSIT ACCOUNT AGREEMENT. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL. In any instance where you are not subject to your Deposit Account Agreement or the terms of your Deposit Account Agreement are deemed not to apply, then the laws of the state in which each BBVA Compass Mobile Account was opened, without regard to its conflicts of laws rules, shall govern these Terms of Use.

By enrolling in the Mobile Banking Service, you consent to receiving and accepting electronically all communications regarding the Mobile Banking Service, including but not limited to the terms and conditions of these Terms of Use, any Addenda or amendments to it, and any other communications regarding the Mobile Banking Service or the other services described in any Addenda to these Terms of Use, such as transaction receipts (collectively, “Service Communications”). Your consent to receiving Service Communications electronically includes receiving them via email, text message or through the Mobile Application. In the event any amendment requires prior notice to you, we may notify you via email at the email address you have provided to us for use with the Mobile Banking Service. This email may include any new or different terms and conditions or provide you with a link to a Web site containing such new or different terms and conditions. For any information that you have agreed to receive electronically, we have no obligation to provide you or any other owner or authorized signer on the related account with a paper copy of the communication unless and until your consent for electronic communications is withdrawn as described below.

We reserve the right, but assume no obligation, to provide a paper copy of any communication that you have agreed to receive electronically. We may, but are not required to, make available paper copies of any communications that were provided to you electronically. We reserve the right, subject to applicable law, to charge a fee to provide a paper copy of any communication previously delivered to you electronically. You may call us at 1-800-273-1057 to find out about the availability of a paper copy of any particular communication, and the amount of any fee you will be charged for that paper copy. You may withdraw your consent to having these Terms of Use and any Addenda or amendments to it provided to you electronically by contacting us by telephone at 1-800-273-1057. However, if you do so, we will automatically unenroll you from the Mobile Banking Service. It is solely your responsibility to assure that the email address you have provided to us in connection with your use of the Mobile Banking Service is current and accurate. You may make changes to this email address by signing in to the Mobile Application or BBVA Compass Online Banking and updating the email address in your profile. In order to receive, access, view and retain Service Communications, you must have the following: (i) an Eligible Mobile Device; (ii) all information required to enroll in the Mobile Application; (iii) an internet browser that is capable of supporting at least 128-bit encryption; (iv) the ability to print or download documents and sufficient electronic storage to retain such documents; (v) an email account with the necessary software (email client or web browser) to send and receive email messages; (vi) in order to receive and access a Portable Document Format or “PDF” version of Service Communications, you must have a current version of a PDF reader. You may download a free copy of Adobe Acrobat Reader at http://get.adobe.com/reader/.

When you give a telephone number directly to us, you consent and authorize us to place non-telemarketing telephone calls to you at that number, regarding any and all accounts you have with us, including accounts you may open in the future. You understand that such telephone “calls” include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. As examples, we may place calls to you about fraud alerts, deposit holds, and amounts you owe us (collection calls) on your accounts. We may also send you text messages to facilitate account transactions (e.g., delivering a one-time security code to you). By agreeing to receive text messages from us, you are also consenting to receive a final opt-out confirmation text message if and when you choose to opt out of a text message service we provide to you. Calls and messages may incur charges from your wireless carrier. You consent and authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.

You may use the Mobile Banking Service to request and receive from the Bank any of the alerts made available through this Service by making alert selections within the Mobile Application. The Bank may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address or mobile number you provide to us in Online Banking or the Mobile Application. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.

It is solely your responsibility to ensure that the email address and mobile number you provide to the Bank are current and accurate. If information from your wireless carrier indicates to us that the mobile number you have provided has been changed or is no longer registered to you, we will automatically stop delivery of any alerts to that number. In that event, you must update your mobile number in Online Banking or the Mobile Application before alerts can be delivered to a mobile number again. Should you wish to receive alerts to your mobile phone number after opting out of the alerts service, you must update your mobile number in Online Banking or the Mobile Application before alerts can be delivered to a mobile number again. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which the Bank expressly disclaims any liability.

Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. The Bank does not guarantee either the delivery or the accuracy of the contents of any alert. The Bank will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Because the balance of some Mobile Accounts is subject to change at any time, the information provided in any alert may become quickly outdated. Alerts are not encrypted. You acknowledge that, although the Bank may show less than the full account number for any of your Mobile Accounts in an alert, the alert may include your name and some information about your Mobile Accounts. Depending on where you instruct us to send your alerts, anyone with access to your email or Eligible Mobile Device may be able to view the contents of these alerts. If you request through this Service to be notified when an account is closed, you acknowledge and agree that we may deliver that alert to you when your account is closed. In the event you request that we close an account or your Mobile Banking profile, you acknowledge and agree that we may continue to send you alerts associated with that account or your Mobile Banking profile for a reasonable time thereafter until the closure process is completed.

BBVA Compass reserves the right to terminate your access to the Mobile Banking Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although Compass Bank has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from Compass Bank will be in English only. Please visit: http://www.bbvacompass.com/mobile-banking/terms/es/ to view the Spanish version.

Mobile Deposit® is a registered trademark of Mitek Systems, Inc.

BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.