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.
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:
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.
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.
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.