Terms of Service

1. Acceptance of Terms

Welcome to Concierge Bank, a Richemont Company ("Concierge Bank," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Concierge Bank governing your access to and use of our banking services, website, mobile applications, and related services (collectively, the "Services").

By creating an account, accessing our Services, or conducting any transaction, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use our Services.

These Terms apply to all users of our Services, including account holders, authorized users, and visitors to our website. Additional terms may apply to specific products or services, which will be provided to you separately.

2. Eligibility and Account Opening

2.1 Eligibility Requirements

To open an account and use our Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have legal capacity to enter into binding contracts
• Provide accurate, current, and complete information during registration
• Be a resident of a jurisdiction where we are authorized to provide Services
• Not be prohibited from using our Services under applicable laws or regulations
• Meet our creditworthiness and identity verification requirements

2.2 Account Registration

When you register for an account, you agree to:

• Provide truthful, accurate, and complete information
• Maintain and promptly update your information to keep it accurate and current
• Safeguard your account credentials and not share them with others
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities conducted under your account

2.3 Identity Verification

We are required by law to verify your identity before opening an account. You authorize us to obtain information from third parties, including credit bureaus and identity verification services, to verify your identity, assess creditworthiness, and prevent fraud. We may request additional documentation, such as government-issued identification, proof of address, or employment verification.

3. Account Types and Services

3.1 Deposit Accounts

We offer the following deposit account types:

• Checking Accounts: Transaction accounts for everyday banking with check writing, debit card access, and electronic transfers
• Savings Accounts: Interest-bearing accounts designed for accumulating funds with limited monthly transactions
• Investment Accounts: Brokerage and retirement accounts for wealth management and long-term growth

All deposit accounts are FDIC-insured up to the maximum amount permitted by law. Specific terms, fees, interest rates, and transaction limits are detailed in your account agreement and fee schedule.

3.2 Credit Products

We offer premium credit cards in partnership with Richemont luxury brands, including:

• Cartier Credit Card - Luxury rewards and jewelry benefits
• Van Cleef & Arpels Visa - Travel rewards and exclusive experiences
• Montblanc Elite Card - Business perks and concierge services
• Piaget Platinum Card - Premium benefits and high credit limits
• IWC Signature Card - Aviation-inspired rewards and lounge access

Credit products are subject to credit approval. Terms, including APR, fees, credit limits, and rewards, are disclosed in your Credit Card Agreement and Schumer Box.

3.3 Additional Services

• Wire transfers (domestic and international)
• Bill payment and automatic payment scheduling
• Mobile and remote check deposit
• Person-to-person (P2P) transfers
• Account alerts and notifications
• Online and mobile banking
• Wealth management and financial advisory services

4. Fees and Charges

You agree to pay all applicable fees and charges associated with your account and Services. Our fee schedule is available on our website and is provided to you upon account opening. Common fees include:

• Monthly maintenance fees (may be waived with minimum balance requirements)
• Overdraft and insufficient funds (NSF) fees
• Wire transfer fees (domestic and international)
• ATM fees (out-of-network withdrawals)
• Stop payment fees
• Paper statement fees (if opted out of electronic statements)
• Foreign transaction fees (for international purchases)
• Expedited service fees

We reserve the right to change our fees with 30 days' advance notice, except as otherwise required by law. Continued use of our Services after fee changes constitutes acceptance.

You authorize us to deduct fees from your account automatically. If your account has insufficient funds to cover fees, you remain obligated to pay, and we may pursue collection.

5. Transactions and Payments

5.1 Authorization

You authorize us to process transactions you initiate through our Services, including deposits, withdrawals, transfers, bill payments, and purchases. You represent that you have the legal right to access and use the funds in your account.

5.2 Processing Times

Transactions are processed according to our standard processing schedule. Cutoff times apply for same-day processing. Transactions initiated after cutoff times or on non-business days will be processed on the next business day. Processing times vary by transaction type:

• Internal transfers: Immediate to 1 business day
• ACH transfers: 1-3 business days
• Wire transfers: Same day (if initiated before cutoff)
• Check deposits: 1-5 business days (subject to hold policies)
• Bill payments: 1-3 business days before due date

5.3 Insufficient Funds

If you attempt a transaction that exceeds your available balance, we may, at our discretion:

• Decline the transaction
• Pay the transaction and charge an overdraft fee (if you have opted in to overdraft protection)
• Transfer funds from a linked account (if you have enrolled in overdraft transfer service)

You are responsible for maintaining sufficient funds. Repeated overdrafts may result in account closure.

5.4 Holds and Delays

We may place holds on deposited funds in accordance with our Funds Availability Policy and Regulation CC. We may delay or refuse transactions if we suspect fraud, unauthorized activity, or violation of these Terms.

6. Electronic Communications and Signatures

You consent to receive all communications, disclosures, agreements, and notices electronically, including via email, text message, or through our website and mobile app. Electronic communications have the same legal effect as paper communications.

You agree that electronic signatures, contracts, and records have the same legal validity as traditional paper documents under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA).

To receive electronic communications, you must have a valid email address, internet access, and a device capable of viewing electronic documents. You agree to notify us promptly of any changes to your email address or contact information.

7. Security and Account Protection

7.1 Your Responsibilities

You are responsible for:

• Maintaining the confidentiality of your username, password, and security credentials
• Using strong, unique passwords and changing them regularly
• Enabling multi-factor authentication (MFA) when available
• Protecting your devices from malware and unauthorized access
• Monitoring your account for unauthorized activity
• Notifying us immediately of any suspected fraud or security breach

7.2 Unauthorized Transactions

If you believe your account has been compromised or you notice unauthorized transactions, you must notify us immediately by calling 1-800-CONCIERGE or through our secure messaging system. Your liability for unauthorized electronic fund transfers is governed by Regulation E:

• If you notify us within 2 business days: Maximum liability of $50
• If you notify us within 2-60 days: Maximum liability of $500
• If you notify us after 60 days: You may be liable for all unauthorized transfers

We are not liable for losses resulting from your failure to safeguard your credentials or notify us promptly of unauthorized activity.

8. Dispute Resolution and Errors

8.1 Error Reporting

If you believe an error has occurred in your account, you must notify us within 60 days of the statement date on which the error appeared. Errors may include:

• Unauthorized electronic fund transfers
• Incorrect transaction amounts
• Missing deposits or credits
• Computational or accounting errors
• Failure to properly reflect transactions

To report an error, contact us at 1-800-CONCIERGE or submit a dispute through our secure messaging system. Provide your name, account number, description of the error, and the dollar amount involved.

8.2 Investigation Process

We will investigate your claim and respond within 10 business days (or 20 business days for new accounts). If we need additional time, we may provisionally credit your account while we complete our investigation (up to 45 days, or 90 days for certain transactions).

8.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Concierge Bank agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if they qualify.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and we agree to waive the right to a jury trial and to participate in class actions or class arbitrations.

You have the right to opt out of this arbitration agreement by sending written notice to us within 30 days of account opening.

9. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and design, are the exclusive property of Concierge Bank or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, or create derivative works of our content
• Use our trademarks, logos, or branding without written permission
• Reverse engineer, decompile, or disassemble our software
• Use automated systems (bots, scrapers) to access our Services
• Frame or mirror our website without authorization

Richemont brand names and logos (Cartier, Van Cleef & Arpels, Montblanc, etc.) are trademarks of their respective owners and are used under license.

10. Prohibited Activities

You agree not to use our Services for any unlawful or prohibited purpose, including but not limited to:

• Money laundering, terrorist financing, or other illegal financial activities
• Fraud, identity theft, or impersonation
• Violating any applicable laws, regulations, or third-party rights
• Transmitting viruses, malware, or harmful code
• Interfering with or disrupting our Services or servers
• Attempting to gain unauthorized access to accounts or systems
• Harassing, threatening, or abusing our employees or other customers
• Providing false or misleading information
• Using our Services to facilitate illegal gambling or prohibited transactions

Violation of these prohibitions may result in immediate account termination, legal action, and reporting to law enforcement authorities.

11. Account Closure and Termination

11.1 Voluntary Closure

You may close your account at any time by contacting us. You remain responsible for all outstanding transactions, fees, and obligations. We will return any remaining balance to you after deducting applicable fees and charges.

11.2 Involuntary Closure

We reserve the right to close your account, suspend Services, or terminate these Terms at any time, with or without cause, including if:

• You violate these Terms or any applicable law
• You provide false or misleading information
• Your account shows suspicious or fraudulent activity
• You engage in abusive or threatening behavior
• Your account remains inactive for an extended period
• We are required to do so by law or regulation
• We cease offering Services in your jurisdiction

We will provide notice of closure when possible, but may close accounts immediately if required for security or legal reasons.

12. Disclaimers and Limitations of Liability

12.1 Service Availability

We strive to provide uninterrupted access to our Services, but we do not guarantee that our Services will be available at all times or error-free. We may suspend or restrict access for maintenance, upgrades, or unforeseen circumstances.

12.2 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONCIERGE BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total liability for any claim shall not exceed the amount of fees you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Concierge Bank, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any law or third-party rights; or (d) any unauthorized use of your account.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Switzerland and the United States, without regard to conflict of law principles. For matters not subject to arbitration, you agree to the exclusive jurisdiction of the courts located in Geneva, Switzerland, or the federal and state courts located in New York, New York.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email, through our Services, or by other reasonable means at least 30 days before the changes take effect, except where immediate changes are required by law.

Your continued use of our Services after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must close your account before the effective date.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements for specific products or services, constitute the entire agreement between you and Concierge Bank.

16.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or successor entity.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

16.4 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

17. Contact Information

For questions about these Terms or our Services, please contact us: