Mercury Electronic Communications Agreement

This Electronic Communications Agreement is a legally binding agreement between Mercury Technologies, Inc. (“we,” “us,” “our,” and “Mercury”), our financial institution providers (“Banking Partners”) including Column N.A. and Choice Financial Group, and you, the individual or legal entity using the Mercury services (“you” and “your”). Your consent covers all Communications relating to any Mercury Product. Your consent remains in effect until you give us notice that you are withdrawing it. If you are opening or using a Mercury account on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization to this agreement. ”Communications” means disclosures, notices, agreements, fee schedules, privacy policies, statements, records, documents, and other information we provide to you, or that you sign and submit or agree to at our request. 

Mercury is dedicated to providing the best online banking experience possible, including providing information to you electronically. By accepting this agreement, you agree that you are willing and able to receive Communications in electronic form, and consent to receive Communications in electronic form and you consent to doing so. This consent applies to Communications from Mercury as well as to Communications that Mercury provides or makes available on behalf of any of its Banking Partners. In addition, you agree to the use of electronic signatures with respect to your Mercury account. If you do not give your consent to receive Communications in electronic and not paper form, you may not open a Mercury account. If you withdraw your consent to electronic Communications at any point after providing consent hereunder, we reserve the right to terminate your Account. 

We, or our Banking Partners acting through us, will deliver Communications to you electronically, either through the Mercury website https://mercury.com (“Website”); the Mercury mobile app (“App”); text or SMS messages (“Text Messages”); or through electronic mail (“E-mail”). If we do not deliver Communications to you through the above manners, we will tell you where you can go to receive such Communications. 

We or Banking Partners may be required by law to deliver certain Communications to you on paper even though you have consented to receive it electronically.

To receive and retain electronic Communications from Mercury, as well as Communications that we provide or make available on behalf of our Banking Partners, you will need the following:

• A computer or mobile device with an operating system that supports everything below; 
• An internet connection; 
• A current version of a web browser that we support, including: Edge version 42 or higher, Firefox version 62 or higher, Safari version 12 or higher, or Chrome version 69 or higher; 
• A hard drive or other method of storing data; 
• A valid, active email address; and 
• A current version of a program that displays PDF files. 

We may update these requirements periodically in order to maintain our ability to provide electronic Communications; if these requirements change in a substantial way, we will notify you of the changes. 

Before consenting, you may be asked to demonstrate your ability to receive and retain Communications electronically, such as by opening a sample PDF document. By confirming, you acknowledge that you are able to access and retain electronic Communications.

It is your responsibility to keep your email address and other contact information current so that you can receive Communications without interruption. We are not responsible if you do not receive Communications due to outdated or incorrect information. You can update your email address and other contact information by logging into your online account at https://app.mercury.com, in the “Settings” section, or by e-mailing us at [email protected]. 

You may request a paper copy of an electronic Communication at any time by emailing us at [email protected]. You may obtain a paper copy of an electronic Communication by printing it or by requesting we mail a paper copy.

We and our Banking Partners are required by law to give you certain information in writing. All Communications delivered to you in either electronic or paper format will be taken as information delivered “in writing.”

You may withdraw your consent to receive Communications electronically at any time by emailing us at [email protected]. If you withdraw consent, we may not be able to continue providing account services to you. In that case, we will help you close your account and ensure you receive any remaining funds and required disclosures in paper form.