Our terms and conditions have changed.
Please read and agree to these terms and conditions in order to use this app.
SECTION 1: ACCEPTANCE OF TERMS
BEFORE YOU CHOOSE THE 'ACCEPT' BUTTON BELOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ('License'). Bank of America, N.A., ('Bank of America') is willing to license the Bank of America Mobile Banking Application ('Application') to you ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE. Bank of America shall not make this Application available under any terms or conditions not contained herein.
BY CHOOSING THE 'ACCEPT' BUTTON YOU: (1) REPRESENT THAT YOU ARE AN AUTHORIZED USER of the accounts and services accessible through this Application and that you have the legal capacity to enter into this License. (2) ACKNOWLEDGE that you have read and understand this License and agree to be bound by its terms and conditions. (3) AGREE to comply with all applicable laws and regulations in your use of this Application.
SECTION 2: GRANT OF LICENSE
Subject to the terms and conditions of this License, Bank of America grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application solely on your personal mobile device for the purpose of accessing your Bank of America accounts and using the financial services made available through the Application. This license does not include the right to sublicense, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Application. All rights not expressly granted in this License are reserved by Bank of America.
SECTION 3: RESTRICTIONS ON USE
You agree that you will not: (a) use the Application for any illegal or unauthorized purpose; (b) attempt to gain unauthorized access to any portion of the Application or any other systems or networks connected to the Application; (c) use any robot, spider, scraper, or other automated means to access the Application; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to decipher any transmissions to or from the servers running the Application; (f) take any action that imposes, or may impose, in Bank of America's sole discretion, an unreasonable or disproportionately large load on its infrastructure.
SECTION 4: PRIVACY AND DATA COLLECTION
Bank of America collects, uses, and shares information about you in connection with your use of the Application. By using the Application, you consent to Bank of America's collection, use, and sharing of your information as described in the Bank of America Privacy Notice, which is incorporated herein by reference and available at bankofamerica.com/privacy. We collect information you provide directly to us, such as when you create or modify your account, request services, contact customer support, or otherwise communicate with us. We also collect information about your use of the Application, including your IP address, browser type, device identifiers, device event information, log data, and location data where permitted.
We may use the information we collect to: (a) provide, maintain, and improve our services; (b) process transactions and send you related information, including purchase confirmations and invoices; (c) send you technical notices, updates, security alerts, and support and administrative messages; (d) respond to your comments, questions, and requests; (e) detect, investigate, and prevent fraudulent transactions and other illegal activities; (f) comply with legal obligations.
SECTION 5: ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your User ID, Password, and any other security credentials associated with your accounts. You agree to: (a) immediately notify Bank of America of any unauthorized use of your account or any other breach of security; (b) ensure that you log out from your account at the end of each session when accessing the Application; (c) not share your login credentials with any third party; (d) not use another person's account without permission. Bank of America will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge that Bank of America may use multiple layers of security to protect your account, including multi-factor authentication, biometric verification, and behavioral analytics.
SECTION 6: ELECTRONIC COMMUNICATIONS
By using the Application, you consent to receive electronic communications from Bank of America. These communications may include notices about your account (e.g., payment authorizations, password changes, confirmation emails, and other transactional information), updates to features of the Application, and informational and promotional messages. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of receiving promotional electronic communications by following the unsubscribe instructions in the message or contacting us through the Application.
SECTION 7: FEES AND CHARGES
Bank of America reserves the right to charge fees for certain features, services, or functionality made available through the Application. Any applicable fees will be disclosed to you before you are charged. Standard message and data rates from your mobile carrier may apply to your use of the Application. Bank of America is not responsible for any charges imposed by your mobile carrier. You agree to pay all fees or charges to your account based on the fee and billing terms in effect at the time a fee or charge is due and payable.
SECTION 8: MODIFICATIONS TO SERVICES
Bank of America reserves the right, at any time and from time to time, temporarily or permanently, to modify or discontinue the Application (or any part thereof) with or without notice. You agree that Bank of America shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Application. Bank of America may also impose limits on certain features and services or restrict your access to parts or all of the Application without notice or liability.
SECTION 9: DISCLAIMER OF WARRANTIES
THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BANK OF AMERICA DOES NOT WARRANT THAT (A) THE APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.
SECTION 10: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANK OF AMERICA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE APPLICATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR (IV) ANY OTHER MATTER RELATING TO THE APPLICATION. BANK OF AMERICA'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO BANK OF AMERICA IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
SECTION 11: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Bank of America, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal fees, resulting from or alleged to result from your use of the Application in violation of this License or your violation of any law or the rights of any third party.
SECTION 12: GOVERNING LAW AND JURISDICTION
This License shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Mecklenburg County, North Carolina for any disputes arising out of or relating to this License or your use of the Application. If any provision of this License is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this License shall otherwise remain in full force and effect and enforceable.
SECTION 13: DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS LICENSE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN CHARLOTTE, NORTH CAROLINA BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU AND BANK OF AMERICA 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.
SECTION 14: TERMINATION
Bank of America may terminate this License at any time and for any reason, with or without cause, with or without notice, effective immediately. Upon termination of this License, you must immediately cease all use of the Application and destroy all copies of the Application in your possession or control. All provisions of this License that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Bank of America shall have no liability to you for any termination of your access to the Application.
SECTION 15: INTELLECTUAL PROPERTY RIGHTS
The Application and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Bank of America, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows: Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
SECTION 16: THIRD-PARTY SERVICES
The Application may contain links to or integrate with third-party websites, applications, or services, including Zelle, Merrill Lynch, and other financial service providers. These third-party services are not under Bank of America's control, and Bank of America is not responsible for their content, privacy policies, or practices. Bank of America does not endorse or make any representations about third-party websites or services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services. We encourage you to review the privacy policies of any third-party services you access through our Application.
SECTION 17: UPDATES AND MODIFICATIONS
Bank of America reserves the right to modify this License at any time. We will notify you of changes by posting the new License on this page and updating the "Last Modified" date. You are advised to review this License periodically for any changes. Changes to this License are effective when they are posted on this page. Your continued use of the Application following the posting of a revised License means that you accept and agree to the changes. If you do not agree to the new terms, you must stop using the Application immediately.
SECTION 18: ENTIRE AGREEMENT
This License constitutes the entire agreement between you and Bank of America with respect to the Application and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Application. No waiver by Bank of America of any term or condition set forth in this License shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
SECTION 19: CONTACT INFORMATION
If you have any questions about this License or the Application, please contact us at: Bank of America, N.A. Attn: Legal Department 100 North Tryon Street Charlotte, NC 28255. Telephone: 1-800-432-1000. You may also contact us through the secure messaging feature within the Application. For security purposes, please do not include sensitive personal information such as account numbers or Social Security Numbers in unsecured email communications.
Bank of America, N.A. Member FDIC. Equal Housing Lender. Investment and insurance products are not FDIC insured, are not bank guaranteed, may lose value, are not bank deposits, are not insured by any federal government agency, and are not a condition to any banking service or activity. Merrill Lynch, Pierce, Fenner and Smith Incorporated (also referred to as "MLPF&S" or "Merrill") makes available certain investment products sponsored, managed, distributed or provided by companies that are affiliates of Bank of America Corporation. MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned subsidiary of Bank of America Corporation.
