Personal Deposit Account Agreement and Disclosures

Contents

• GENERAL RULES & INFORMATION APPLICABLE TO ALL ACCOUNTS2
• ACCOUNT TERMS AND AMENDMENTS 2
• BINDING ARBITRATION2
• CUSTOMER IDENTIFICATION AND PATRIOT ACT INFORMATION2
• CONSUMER REPORTS2
• AUTHORIZED SIGNATURE(S)2
• STATEMENTS; NOTICE OF ERRORS2
• BUSINESS DAYS3
• NOTICES FROM YOU3
• TEXT MESSAGES, CALLS AND/OR EMAILS TO YOU3
• DISCLOSURE OF ACCOUNT INFORMATION3
• DORMANT ACCOUNTS AND UNCLAIMED PROPERTY3
• CLOSING AN ACCOUNT3
• SET OFF AND SECURITY INTEREST3
• BALANCE ALLOCATION—CHECKING ACCOUNTS3
• LEGAL ACTIONS AFFECTING YOUR ACCOUNT3
• RESTRICTING YOUR ACCOUNT; BLOCKING/DELAYING TRANSACTIONS3
• WAIVER4
• SEVERABILITY4
• GOVERNING LAW4
• LIMITATION OF LIABILITY4
• INDEMNIFICATION4
• RECORDING4
• DEPOSITS4
• RETURNED DEPOSITS4
• CHECKS4
• FUND TRANSFERS5
• ACH, WIRE TRANSFERS, AND INSTANT PAYMENTS5
• FUNDS AVAILABILITY5
• WITHDRAWALS5
• POST-DATED AND STALE-DATED CHECKS6
• OVER THE COUNTER CHECK PRESENTMENT6
• STOP PAYMENTS6
• FOREIGN ITEMS6
• FEES6
• SUBSTITUTE CHECKS AND YOUR RIGHTS6
• ACCOUNT OWNERSHIP TYPES7
• INDIVIDUAL ACCOUNT7
• JOINT ACCOUNT7
• TOTTEN TRUST ACCOUNT 7
• UTMA DISCLOSURE7
• ACCOUNT FOR MINORS7
• INDIVIDUAL RETIREMENT ACCOUNTS AND HEALTH SAVINGS ACCOUNTS7
• ADDITIONAL ACCOUNT OWNERSHIP TYPES7

Personal Deposit
Account Agreement
and Disclosures

We’re happy you’ve chosen us and pledge our finest service each time you visit. Keep in mind our many financial services and don’t hesitate to ask for assistance.

The use of the terms “we,” “us,” “our,” and “Bank” means Byline Bank. “You,” “your”, “yours”, and “Account owner” means each person who is a party to this Personal Deposit Account Agreement and Disclosures.  “Account” means your deposit account(s) held at the Bank, and includes a checking, money market, savings, or certificate of deposit account, unless otherwise stated.

GENERAL RULES AND INFORMATION APPLICABLE TO ALL ACCOUNTS

ACCOUNT TERMS AND AMENDMENTS

The individual(s) submitting an account application or executing a signature card (including by electronic submission and/or execution) will be the Account owner(s). By taking such action, or by opening or continuing to hold an Account or using any deposit account services, you agree that this Personal Deposit Account Agreement and Disclosures (“Agreement”) and the terms and conditions in it govern the Account and that you agree to be bound by it.  Please read this Agreement carefully. Be sure that you and any authorized signers understand this Agreement. Call us if you have any questions or if we can be of further assistance. Please see our contact information listed at the end of this Agreement.

Additional terms and conditions, and disclosures applicable to your Account(s) may be provided in:

(a) Written disclosures and other pricing or business information terms that we provide to you when your Account is opened such as the Personal Accounts Brochure;

(b) Terms and conditions, and disclosures that we make available when you use additional or different products or services or open new Accounts;

(c) Any periodic statements, manuals or guides whether in print or electronic;

(d) Our Privacy Notice or related notices;

(e) Other disclosures we provide with respect to debit cards or overdraft coverage.

We can change these terms at any time. If we are required to notify you of a change in terms, we will provide such notice of change in terms by posting notice at the Bank, by mailing notice to you at the address shown on our records, providing notice on any periodic statements, manuals, or guides whether in print or electronic, by posting the updated disclosure on the Bank’s website, or by any other appropriate means allowed by applicable law. If you keep your Account open, you are deemed to accept and agree to the changes and are bound by them. If you do not agree to a change, you may close your Account as provided in this Agreement.  The most recent version of this Agreement, that incorporates all amendments, will be available to you on our website or at a branch.

CONFLICTS

In the event there is any conflict between the terms and conditions of this Agreement and other terms and conditions and disclosures we provide to you when you use additional products or services related to your Account, the terms and conditions and disclosures for the particular product or service will govern for

purposes of that product or service only, to the extent of the conflict. If there is a conflict between the terms and conditions of this Agreement and something said by one of our representatives, the terms of this Agreement will be controlling.

BINDING ARBITRATION

In addition, this Agreement contains an Arbitration Provision requiring us to resolve any disputes in binding arbitration on an individual basis rather than jury trials or class actions. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION. Please read the Arbitration Provision on page 10 of this Agreement for details, including instructions on how to opt out of the Arbitration Provision.

CUSTOMER IDENTIFICATION AND PATRIOT ACT INFORMATION

Identifying Our Customers at Account Opening: To help the government fight the funding of terrorism and money-laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. To open an Account, you must provide us with current identification as well as an accurate Taxpayer Identification Number (typically a Social Security Number) as applicable. We will ask for your name,

“Item” means all transactions, credits and debits to your account, including but not limited to checks, fees, service charges, Automated Clearing House (“ACH”) entries, funds transfers, cash withdrawals, Card transactions, Personal Online Banking (“Online Banking”) transactions, wire transfers and other amounts that are added to or subtracted from your Account.

You acknowledge and agree to waive any rights to recovery you may have against us if you do not provide notice to us in the manner and within the time required by this Agreement. We shall have no liability to you for any mistake or error unless you have given us appropriate notice as provided for in this Section and the legal action begins within one year after we send or make your statement available to you.

BUSINESS DAYS

Our Business Days are Monday through Friday, excluding federal holidays.

NOTICES FROM YOU

Any notice you provide to us will be effective upon our receipt of such notice, provided that we have had a reasonable time to review and act upon your notice.

All notices to be delivered by you to Bank pursuant to this Agreement can be made to the postal address (via nationally recognized overnight courier or hand delivery) indicated at the end of this Agreement, as applicable pursuant to the terms of this Agreement and the requirements of the notice.

If you are required to provide us notice related to any applicable law, court order, or other legal process, such notice shall be provided via certified mail, postage-prepaid to the postal address indicated at the end of this Agreement.

NOTICES TO YOU

Notices will be sent to the most recent address shown on our records for your Account. Any notice to one Account owner constitutes notice to all Account owners. It is your responsibility to notify us of any changes in your address or name, or if an Account owner dies. If your statements or notices are returned because of an incorrect address, we will suspend further mailing until you notify us of your new address.

TEXT MESSAGES, CALLS AND/OR EMAILS TO YOU

By providing us with a telephone number (including a mobile telephone) and/or email address in connection with your Account, you consent to receiving calls and messages, including pre-recorded and/or auto-dialed calls and messages, and/or text messages from us at that number and/or emails from us for our everyday business purposes (including identity verification) and for other marketing or non-marketing purposes. Standard telephone minute and text charges may apply if we contact you. Contact preferences may be changed at any time. You understand that this consent is not a condition of purchasing any property, goods, or services from the Bank.

DISCLOSURE OF ACCOUNT INFORMATION

It is our policy not to disclose information to third parties about your Account or the transactions you execute, except: (a) where it is necessary for completing transactions; (b) in order to verify the existence and condition of your Account for a third party such as a credit bureau or merchant; (c) in order to comply with government agency or court orders; (d) where we have closed your Account due to an overdraft(s), we may disclose this fact to the consumer reporting agency; (e) we may disclose to our affiliates the mere fact that you have an Account with us and your name and address; (f) as required by Operating Rules (as defined below) that govern transactions in and out of your Account; (g) if you give us your written permission; or (h) as explained in the Privacy Notice and other Privacy Policies.

DORMANT ACCOUNTS AND UNCLAIMED PROPERTY

We may have our own rules regarding dormant Accounts and we may charge a fee for dormant Accounts. Information on when Accounts are considered dormant and what, if any, fees will be charged, are disclosed to you in the Personal Product & Service Fees Schedule.

Each state has laws that govern when Accounts are considered abandoned, and when we are required by law to send a customer’s funds to the state. Generally, the funds in your Account are considered abandoned if you have not had any activity or communication with us regarding your Account over a period of years, as specified by applicable law. If your funds are sent to the State, you may be able to reclaim them, but your claim must be presented to the State. Once your funds are sent, we no longer have any liability with respect to the funds.

CLOSING AN ACCOUNT

You can close your Account, provided the funds are available, on any Business Day. The Bank can close an Account at any time and for any reason without prior

compromised by you or any other owner. If we issue you a replacement Account number, this Agreement will continue to apply to that Account.

You agree that we will have no liability for any action we take under this Section and we may take such action without prior notice except where prohibited by applicable law. This paragraph and the actions authorized hereunder shall not be construed as obligating us to conduct transaction monitoring or otherwise detect fraudulent activity with respect to your Account.

WAIVER

No term of this Agreement shall be deemed waived unless the waiver is in writing and signed by an authorized officer of the Bank. Any failure by the Bank to insist upon your strict performance of any of the terms of this Agreement shall not be deemed or construed as a waiver of these or any other terms. Bank shall not, by mere lapse of time, be deemed to have waived any breach by you of any terms or provisions of this Agreement.

SEVERABILITY

If any provision or a portion thereof, of this Agreement or its application to any party or circumstance shall be declared void, illegal, or unenforceable, the remainder of the provision and the Agreement shall be valid and enforceable to the extent permitted by law.

GOVERNING LAW

For accounts opened online, your Account is opened and maintained in Illinois.  This Agreement shall be governed by, interpreted under and construed in accordance with federal law, and to the extent not pre-empted by federal law, by the laws of the State of Illinois, without regard to any state conflict of law provisions. The Account is also governed by applicable operating rules and operating guidelines established by the National Automated Clearing House Association and any other fund transfer or electronic payments systems or networks, check clearing organizations and payment clearinghouses used by the Bank in connection with your transactions (collectively, “Operating Rules”), the operating circulars of the Federal Reserve Board, and any control or sanction administered by the Office of Foreign Assets Control.

LIMITATION OF LIABILITY

Notwithstanding any provision to the contrary, Bank will only be responsible and liable for our own lack of good faith and our own failure to exercise ordinary care in handling Items for collection or deposit in accordance with applicable laws. However, Bank shall not be liable for a clerical error, an oversight, or an honest mistake in judgment in handling such Items.

To the extent permitted by law, and except as otherwise expressly provided herein, you agree that the Bank will have no liability whatsoever for any damage, loss, expense, cost, or liability, including, without limitation, fines, penalties, reasonable attorneys’ fees and court costs (collectively, a “Loss”) arising out of the Bank’s action or non-action under this Agreement, even if such Loss arises, in whole or in part, from Bank’s negligence, except for any direct damages arising from Bank’s gross negligence or willful misconduct. Bank’s duties and responsibilities to you are strictly limited to those described in the Agreement, except with respect to any provisions of the law which cannot be varied or waived by agreement. BANK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH THE ACCOUNT(S) or SERVICES PROVIDED HEREUNDER (EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE BANK AND ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ABOUT ANY OF THE SERVICES, ANY EQUIPMENT OR ANY SOFTWARE DESCRIBED IN THIS AGREEMENT, AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, Bank shall not be liable at any time to you for Losses resulting from any failure or delay of the performance of the Bank’s responsibilities under the Agreement which is caused or occasioned by any act or thing beyond the Bank’s reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services, Internet access, electronic transfers, or electronic file exchange, or refusal or delay by a service provider or

Endorsements: You can endorse a non-cash Item for deposit by hand or by using a stamp to show general endorsement for the Account. In order to complete a deposit, we have the right to endorse any non-cash Item for payment of money made out to any Account owner.

FUND TRANSFERS

There are different types of fund transfers. Different rules, including Operating Rules, may apply depending on the transfer type.  Fund transfers include, but are not limited to: wire transfers; ACH transfers; transactions initiated with your debit card (for example an ATM transaction, or a POS transaction); ; internal transfers, instant payments received through an operating network, such as FedNowSM or RTP®; and peer-to-peer (“P2P”) transfers, which require separate enrollment by you at a third party (such as Venmo® or Paypal®) or through us (such as Zelle®).

ACH, WIRE TRANSFERS, AND INSTANT PAYMENTS

This Agreement is subject to Article 4A of the Uniform Commercial Code – Funds Transfers as adopted in the State of Illinois (“UCC”). If you originate a funds transfer for which Fedwire is used and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by the Operating Rules for any covered transfer originated by you. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive final settlement of such payment, we are entitled to a refund from you in the amount credited to your Account and the party originating such payment will not be considered to have paid the amount so credited.

If we receive a payment order to credit your Account by wire, instant payment, or ACH, or other fund transfer, such credit will be reflected on your periodic statement, and we are not required to give you any additional notice of the payment order or credit.

FUNDS AVAILABILITY

When Your Deposits Become Available: Our policy is to make funds from your deposits available as follows:  (a) ACH transfers initiated at Byline Bank during the new account application process to be withdrawn from your account at another financial institution or another Byline Account, and deposited to your Byline Bank Account will be available on the fifth Business Day after the transfer date; (b) ACH transfers initiated at Byline Bank through Online Banking to be withdrawn from your account at another financial institution and deposited to your Byline Bank Account will be available on the Business Day your request is initiated; (c) Zelle, other P2P, and accepted instant payments will be available on the day received, (d) wire transfers, electronic direct deposits (initiated at another financial institution and sent via ACH), and other funds transfers will be available to you on the Business Day on which we receive the deposit; (e) cash deposits made in-person at a branch location will be made available on the day of deposit, and (f) funds from other deposited Items, such as checks, will be available on the first Business Day after the day on which we receive your deposit. For deposits made at an ATM, including cash deposits, see the “Deposits at ATMs” section below for the availability schedule.

Once the funds are available, you can withdraw them in cash and we will use them to pay Items that post to your Account. If Items are presented against deposited funds before they become available, the Bank reserves the right to pay or return the Items and to charge you a fee, as described in the “Overdrafts” section.

Determining When Your Deposit Is Received: We determine when your deposit is received using the following guidelines. If you make a deposit on a Business Day before the applicable cutoff time, we will consider your deposit to be received that day. If you make a deposit after the applicable cutoff time on a Business Day, or on a non-Business Day, we will consider your deposit to be received the next Business Day. The cutoff time for deposits made in-person at a branch location is the applicable closing time, which may vary by branch. The cutoff time for deposits made at an ATM is 6:00pm Central Time (“CT”). The cutoff time for deposits made at a Night Depository is 8:00am CT. Check deposits that are mailed to us will be considered received on the Business Day they are actually received and processed by us.

restrictive legends are “must be presented within 90 days” or “not valid for more than $1,000.00.”

Our check payment process is highly automated, and we receive checks in great volume. Although we inspect some checks and other Items from time to time, at our discretion, you agree that reasonable commercial standards do not require us to do so. If we return a check because we believe it was not authorized by you, we are not liable to you even if the check was actually authorized. We have no duty to prevent a check from being presented more than once.

2. You can use a withdrawal ticket if you have a savings, checking, or money market Account. If your savings Account is evidenced by a passbook, you must present this passbook when making deposits or withdrawals. At the Bank’s discretion, you may make transactions without this passbook but you should present your passbook as soon as possible for entry of these transactions by the Bank. The balance shown in your passbook, on your statement, or on a receipt will not be considered final until verified by us in comparison with our books and records.

As a day-to-day practice, the Bank allows withdrawals from savings and money market Accounts at any time without prior notice. Bank does reserve the right, however, to demand and receive at least seven (7) days prior written notice that a withdrawal is going to be made from any savings or money market Account, as provided for by federal law. If at any time we require seven (7) days’ notice, we will have the right to return any unpaid checks for which notice has not been given and we will not incur any liability in so doing.

3. Subject to such restrictions as may be imposed by the Bank, you may use your Card at any ATMs that are part of the networks listed on the Personal Product & Service Fees Schedule, and such other terminals as the Bank may designate, to perform any transactions permitted by the terms of your Account that the ATM will perform.

POST-DATED AND STALE-DATED CHECKS

We are not responsible for payment of a check before its due date, even if we had knowledge that it was post-dated. We reserve the right to pay a check even if it is more than six (6) months old (i.e., a stale-dated check).

OVER THE COUNTER CHECK PRESENTMENT

Customer agrees that Bank will not be obligated to cash any checks issued on an Account that are presented at its counters, and that it will not be a wrongful dishonor for Bank to refuse to cash any checks presented at its counters. However, Bank may elect to cash such checks; provided that if anyone who is not a Bank customer presents Customer’s check to Bank “over-the-counter,” Bank may require proper identification, confirmation from Customer that such check should be cashed, and may charge a fee to such person to cash the check. Bank may dishonor any check presented at Bank’s counters, including, but not limited to, if the person refuses to pay the required fee or provide proper identification.

STOP PAYMENTS

Checks: If you wish to stop payment on a check you have written, you must complete a Stop Payment Request or you must notify the Bank and this notification must be accepted by the Bank before the check is paid. A Stop Payment Request may apply to either a continuous range of checks or a single check. The Stop Payment Request can initially be made by phone or in writing and must include the check number, date, amount, and payee of the check. The Stop Payment Request will become effective twenty-four (24) hours after the Bank’s acceptance. We may send you a written confirmation of your Stop Payment Request. Your Stop Payment Request will be considered confirmed either twenty-four (24) hours after Bank’s acceptance or upon Bank sending you a written confirmation, as applicable. We may rely on the information in the written confirmation unless you notify us immediately of any errors. A confirmed Stop Payment Request is binding upon the Bank for only one hundred and eighty (180) calendar days unless renewed in writing. When the Stop Payment Request expires, we may pay the Item and have no duty to notify you. Except under certain circumstances as provided by law, you may not issue a stop payment on or instruct the bank to stop payment on a cashier’s or certified check. If we allow you to stop payment on a cashier’s or certified check, you must complete forms we provide to you. We are not responsible for Stop Payment Requests with incorrect information. Any joint owner or authorized signer can release a Stop Payment Request previously requested on the Account. If you have a joint Account, we will

your Account. However, you have rights under other laws with respect to those transactions.

What are my rights regarding substitute checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). The losses you may attempt to

recover under this procedure may include the amount that was withdrawn from your Account and fees that were charged as a result of the withdrawal (for example, overdraft fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You are also entitled to interest on the amount of your refund if your Account is an interest bearing Account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws.

If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) Business Days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (45) calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your Account.

How do I make a claim for a refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your Account, please write or call us at the contact information located at the end of this Agreement. You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the Account statement showing that the substitute check was posted to your Account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

a) A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);

b) An estimate of the amount of your loss;

c) An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and

d) A copy of the substitute check and/or the following information to help us identify the substitute check: the check number, the name of the person to whom you wrote the check and the amount of the check.

ACCOUNT OWNERSHIP TYPES

INDIVIDUAL ACCOUNT

An account in the name of one person is also referred to as a “single ownership” Account. The Account owner of such an Account is the only person who has the right to authorize withdrawals from the Account, unless we permit the Account owner to designate an agent or attorney-in-fact to the Account. Holding such an Account, by itself, creates no additional ownership rights nor survivorship. In almost all instances this type of Account will pass, on the death of the owner, through the estate of the Account owner.

JOINT ACCOUNT 

If you open a joint Account, any or all of the joint owners can make deposits or withdrawals. All funds deposited to a joint Account shall be owned by all joint owners. When we do business involving a joint Account, we can act on the instructions of any one or more of the joint owners. We will accept phone transfers between Accounts within our Bank as long as the funds are available and the person initiating the transfer request is an authorized signer or Account owner on the Account to be debited. We will continue to follow these instructions until we receive written notice to change them. Any transactions that occur before we receive written notice of a change of instructions will be binding on all joint owners. We have the right to endorse any checks, drafts, or other orders for the payment of money made out to any of the joint owners. Once endorsed we can deposit them into the joint Account, or you can endorse them for deposit by using a stamp to show a general endorsement for the Account. You agree that any money in this Account can be paid to any one or more of the joint owners, whether or not the other owners are alive at the time of the payment. If we make a payment following these rules, you release us from liability. You agree that it is your intention to create a joint tenancy with the right of survivorship (a form of ownership) in this Account and that if one or more of the joint owner(s) die(s), his or her interest in

last time you brought in your passbook. Only one book will be issued to joint depositors. If your passbook is lost, stolen, or destroyed, you must notify the Bank at once. The Bank retains the option to require a thirty (30) day waiting period before it permits withdrawals from the Account or issues a new passbook. The Bank may require you to furnish an Indemnity Bond as a condition to any such withdrawal or new passbook. In addition, a fee may be charged for each lost passbook.

Account statements may automatically be combined for Accounts with the same title or at your request.

If you request at any time to discontinue receiving mailed statements, you will be deemed to have agreed to pick up copies of your Account statements and review them regularly. In such event it will not be deemed a defense or excuse to any requirement herein that you review and notify Bank of irregularities within specified time frames.

OVERDRAFTS

We have no obligation to pay any Item unless you have sufficient funds available in your Account to pay the Item when it is presented. If there are insufficient funds in your Account to pay an Item, we may pay the Item and create an overdraft in your Account. If this happens, we may charge you a Non Sufficient Funds Item Paid fee and a Continuous Overdraft Fee, as applicable. In the alternative, we may return the Item for insufficient funds and, in these circumstances, we may also charge you a Non Sufficient Funds Item Return fee. A previously presented Item is treated as a new Item if presented for payment again, however, the represented Item will not be charged a Non Sufficient Funds fee. Please review our Personal Product & Service Fees Schedule for more information.

Bank makes the decision to pay or return an Item in a single determination between the time the Item is presented to Bank by any means or Bank receives notice of it, and the time Bank is required to pay or return the Item.

An overdraft in your Account, regardless of the reason for the overdraft, is a “Debt” as defined in the Setoff and Security Interest Section and is immediately due and payable by you, without demand or notice by us.

If you have enrolled in one of our overdraft protection services, the terms and conditions specific to that service will control payment of applicable overdrafts to the extent of a conflict with the provisions in this section above.

OVERDRAFT PROTECTION

We offer an optional overdraft protection service (“Overdraft Protection”) that allows you to help cover overdrafts in your deposit Account (“Protected Account”) by linking it to another deposit Account with us that you own (“Funding Account”).  If your Protected Account does not have enough available funds to cover incoming debit Items, we will transfer available funds from your Funding Account to try to cover the negative balance and pay the Items.

Eligible Accounts: Checking Accounts, money market Accounts, and savings Accounts are eligible to be a Protected Account and a Funding Account.  An Account may be both a Protected Account and a Funding Account at the same time.  A Funding Account may protect more than one Protected Account.  Individual Retirement Accounts and UTMA/UGMA Accounts are not eligible for enrollment in Overdraft Protection.

Enrolling in and Canceling Overdraft Protection: You must enroll to use Overdraft Protection. Enrollment is available in person at a branch, or by calling us at the contact information at the end of this Agreement.  Any owner of both Accounts may enroll in Overdraft Protection without the consent of or notice to other owners. In the case of Accounts maintained by a representative, such as a formal trust or estate, accounts owned by the same person may be enrolled in the service by any authorized signer.  Any owner or authorized signer of the Protected Account or Funding Account may cancel Overdraft Protection by either canceling the service or closing either Account, without the consent of or notice to other owners. You may cancel Overdraft Protection in person at a branch, or by calling us.

If either the Funding Account or Protected Account is closed for any reason, the service will be automatically terminated without notice to you.

Transfers: Overdraft Protection transfers occur once per Business Day. If there are funds available in the Funding Account, we will automatically transfer enough funds to bring your Protected Account balance to zero.  If there are enough funds available to cover some but not all Items in the Protected Account, Items will be processed for payment in accordance with our processing order and overdraft rules. We may exercise our discretion regarding whether to pay or return certain Items. In this case, your Protected Account may become overdrawn, and you may

*Some of these services may not be available at all ATMs or to all customers.  “Byline Bank ATMs” are ATMs that have the Byline Bank logo.

All withdrawals, deposits, and funds transfers are subject to the rules and agreements which govern such transactions except as specifically modified by this Agreement. By using the Card, you authorize us to credit or charge your Account with deposits, withdrawals and funds transfers initiated through the use of an ATM. All transactions initiated through the use of an ATM are subject to actual receipt and verification and the time necessary to process them. All deposits, including deposits of cash, are subject to our Funds Availability Policy. Any withdrawal, deposit, or funds transfer made on a non-Business Day or after the close of business on a Business Day may not be processed until the next Business Day.

Card Point-of-Sale (“POS”) Transactions: You may also qualify to use your Card to access your Accounts for purchases or cash-back withdrawals above the purchase price. If you qualify, you may:

a) Use your Card to purchase goods or pay for services with merchants who display a Mastercard logo that is on your Card. Other networks through which you may use your Card to purchase goods or pay for services include: Maestro, Cirrus, NYCE, and STAR.

b) Use your Card, with your PIN, to withdraw cash-back above the purchase price of goods or services with some merchants who display a network logo that is on your Card.

24-Hour TeleBanker Telephone-Initiated Banking System: With the use of a touch-tone telephone and other identifying information, you may transfer funds to or from your checking, money market, or savings Account(s).

Online Banking: Certain fund transfers and payments through Online Banking.  You may enroll in and access Online Banking through the Bank’s website, which is listed at the end of this Agreement. Refer to the Retail Digital Banking Terms and Conditions for additional information.

Mobile Banking: Certain fund transfers and payments through Mobile Banking.  You may enroll in and access Mobile Banking through the App Store or Google Play on your mobile device. Refer to Mobile Banking Terms & Conditions for additional information.

Electronic Check Conversion: You may authorize a merchant or other payee to make a one-time electronic payment from your checking or money market Account using information from your check to:

a) Pay for purchases
b) Pay bills

P2P Transfers that you send or receive to your Account.

Instant Payments:  You may receive instant payments through the networks in which the Bank participates.

TRANSFER LIMITATIONS

Frequency and Dollar Amount: Refer to the Debit Card Agreement, Retail Online Banking Terms and Conditions, and the Mobile Banking Terms & Conditions for limits on the frequency and dollar amounts on the various electronic transfers.

Telebanker: Your telephone initiated transfers of funds are subject only to the available balance in your Account.

FEES

Please refer to our Debit Card Agreement and Personal Product & Service Fee Schedule for fees and charges for Electronic Transfers.

ERROR RESOLUTION

In case of errors or questions about your Electronic Transfers, please contact the Bank at the phone number or address listed at the end of this Agreement as soon as you can. If you have questions having to do with automated withdrawals from your Account, you may contact us at the address or phone number listed at the end of this Agreement.

Contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about an Electronic Transfer listed on it. We must hear from you no later than sixty (60) calendar days after we send the FIRST statement on which the problem or error appeared. Please report the following:

1. Your name and Account number.

1. If, through no fault of ours, you do not have enough available funds in your Account to make the transfer;
2. If you have money in your Account but the funds are subject to legal process or encumbrance;/li>
3. If the transfer would go over your transaction limit (or the amount in your Account) or your overdraft line established with us; /li>
4. If the terms of your Account limit the number of payments and transfers which may be made during a statement cycle;
5. If an electronic terminal has insufficient cash to complete the transaction;
6. If the services, your equipment, the software, or any communications link is not working properly and you know or have been advised by us about the malfunction before you started the transaction;
7. If, despite reasonable precautions, circumstances beyond our control (such as fire or flood), prevent the transfer.

There may be other exceptions stated in our agreements with you and you should be familiar with them.

ILLEGAL TRANSACTIONS

You may not use your Card, Account, or any of the services for any illegal transaction.

FOREIGN TRANSACTIONS

Purchases and cash withdrawals you make outside of the United States will be charged to your Account in U.S. dollars. The conversion will be done by Mastercard and will either be a rate selected by Mastercard or a government-mandated rate in effect on the day Mastercard processes the transaction. The rate in effect on the processing date may differ from the rate on the date you used your Card. In addition, you will be charged a foreign transaction fee. This fee will be a percentage of the transaction amount processed outside of the United States.

Telebanker Information

Byline Bank’s 24-hour Automated Telebanker makes it easy to access Account information when it’s most convenient for you.

With Telebanker, you can:

1. Review your Account balances, history and loan information
2. Verify a payment or deposit
3. Transfer money between Accounts
4. Reorder checks
5. Change your Card’s PIN, or
6. Report a lost or stolen Card

Enrolling into Telebanker is easy. Call 773–244–7000 and select the option available for Telebanker, Byline’s 24-hour Automated Telephone Banking System. Be sure to have one of your checking, money market, or savings Account numbers on hand when you call to enroll. During enrollment you will be able to select your own eight (8) digit user ID and a four (4) digit password.

ARBITRATION

ARBITRATION — Please read this Arbitration Provision carefully. It affects your rights and will have a substantial impact on how legal claims you and we have against each other are resolved.

SUMMARY

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling us. In the unlikely event that we are unable to resolve any dispute you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so) after following the procedures set forth in this provision, YOU AND WE EACH AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN GENERALLY AWARD THE SAME DAMAGES AND RELIEF ON AN INDIVIDUAL BASIS THAT A COURT CAN AWARD TO AN INDIVIDUAL. ANY ARBITRATION UNDER THIS PROVISION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND NON-INDIVIDUALIZED INJUNCTIVE RELIEF ARE NOT PERMITTED. BY AGREEING TO ARBITRATE, BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY

• directly or indirectly liable, even if we are not properly named at the time the Claim is made, and Claims brought against any other person or entity named as a defendant or respondent in a Claim brought by you against us.
  6. 6. Claims that arose before the effective date of this Agreement or any prior deposit Account agreement (including, but not limited to, claims relating to advertising, promotions, or disclosures).
        6. Claims are subject to arbitration whether they are made independently or with other claims in proceedings involving you, us or others. Claims subject to arbitration include Claims that are made as counterclaims (including but not limited to counterclaims by us to collection amounts in default from you), cross-claims, third-party claims, interpleaders or otherwise, and a party who initiates a proceeding in a court may elect arbitration with respect to any Claim(s) advanced in the lawsuit by any other party or parties.
        7. Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
        8. Claims that may arise after the termination of this agreement, including any judgments or consent judgments that may be entered in a court.

  AVAILABILITY OF SMALL CLAIMS COURT AND GOVERNMENT AGENCIES

  In lieu of arbitration of a Claim, either you or we may bring the Claim in an individual action in a small claims court with jurisdiction. In the event that the small claims court action is removed, transferred, or appealed to a court of general jurisdiction, you and we agree that the Claim instead shall be resolved in binding arbitration in accordance with this Arbitration Provision. Further, in the event that either you or we add a claim, counterclaim, cross claim, or a claim on behalf of yourself and a class of individuals in such a small claims action after the initiation of the action, the party who must respond to such a claim shall have the ability to assert the right to arbitration within a reasonable time after the addition of such a claim.

  In addition, this Arbitration Provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

  PRE-ARBITRATION NOTICE OF DISPUTES

  A party who intends to pursue a Claim must first send to the other a Notice of Dispute. Any Notice of Dispute sent to us should be addressed to the address provided at the end of this Agreement, Attn: Legal Department (“Notice Address”). Any Notice of Dispute that we send to you will be sent to the address in our records that is associated with your Account at the time the Notice of Dispute is sent.

  The Notice of Dispute must: (a) provide your name, address, telephone number, and Account number; (b) describe the nature and basis of the Claim; and (c) set forth the specific monetary and/or nonmonetary relief sought. If we do not reach an agreement to resolve the Claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, you or we may commence an arbitration proceeding. If you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the AAA shall not commence administration of arbitration proceedings for at least forty-five (45) days after the AAA informs the responding party of the request to initiate arbitration. Neither you nor we will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by either party until after the arbitrator issues a final award resolving the Claim.

  ARBITRATION PROCEDURES

  The arbitration will be administered by the AAA under its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1–800–778–7879, or by writing to the notice address provided above. In the event that the AAA is unavailable to administer an arbitration, the arbitration will be administered by such other arbitration provider that the parties may select or, if the parties cannot agree, by an arbitration provider selected by the court.

  After complying with the Notice of Dispute procedure described above, either you or we may commence arbitration by sending a Demand for Arbitration to the AAA and a copy to the other party. Demands for Arbitration sent to us should be mailed to the Notice Address provided above. A form Demand for Arbitration and filing instructions are available on the AAA’s website at www.adr.org.

  The arbitrator will decide the substance of all Claims in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Under this arbitration provision, arbitrators will not be bound by rulings in prior arbitrations involving different customers but are bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. All issues are for the arbitrator

deemed to be effective before the date of the arbitrator’s selection for purposes of assessing the availability of the alternative payment and/or attorney payment.

The right to the attorney payment supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or expenses. Although under some laws we may have a right to an award of attorney’s fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award unless you have retained an attorney and your Claim is determined to be frivolous or brought for an improper purpose (as determined by the arbitrator and measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF AND SEVERABILITY

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual Claim; any injunctive relief must be individualized in nature and cannot affect other Account owners. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If a court decides that any part of this Arbitration Provision (other than this paragraph’s prohibitions of class or representative actions, non-individualized injunctive relief, and consolidation) is invalid or unenforceable, the other parts of this Arbitration Provision will still apply. However, if a court decides that this paragraph’s prohibitions of class or representative actions, non-individualized injunctive relief, and consolidation is invalid or unenforceable as to a particular claim for relief (or request for a particular remedy), then that claim (or that request for that remedy) must be brought in court, with all other claims (and requests for other remedies) decided in arbitration.

OPT OUT PROCEDURES

You can choose not to agree to this Arbitration Provision (“opt out”) by writing to us at the Notice Address above within thirty (30) days after the later of: (i) the date that we open your Account; or (ii) the Effective Date of this Agreement (“the Opt Out Deadline”). The written opt out notice must state that you do not agree to this Arbitration Provision and must be postmarked no later than the Opt Out Deadline. The opt out notice must include your name, address, and Account number(s) to which the opt out applies. All owners of the Account must sign the written opt out notice for it to be effective.

This is the only way you can opt out of this Arbitration Provision. If you opt out of this Arbitration Provision, all other parts of this Agreement will continue to apply to your Account(s). Opting out of this Arbitration Provision has no effect on any previous, other, or future arbitration agreements that you may have with us.

FUTURE CHANGES TO THE ARBITRATION PROVISION

Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Arbitration Provision (other than a change to the Notice Address or any website link or telephone number provided herein), that change will not apply to any Claim of which we had written notice on the effective date of the change. Moreover, if we remove the Arbitration Provision from this agreement, any such removal will not be effective until at least thirty (30) days after written notice of such removal is provided to you, and shall not be effective as to Claims which arose prior to the date of removal.

OTHER REMEDIES

This Arbitration Provision and the exercise of any of the rights you and we have under it will not prohibit you or us from exercising any lawful rights either you or we have to use other remedies available to preserve, foreclose or obtain possession of real or personal property or exercise self-help remedies, including setoff rights as described in this agreement.

ENFORCEMENT, FINALITY

You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Failure or forbearance to enforce

Debit Card Agreement

ATM/Debit Cards

Each person who activates a Card agrees to be bound by these rules, in addition to the terms and conditions of the Agreement and any additional terms and conditions, disclosures, and rules governing your Card. All definitions, terms, conditions and disclosures that govern your Account (whether set forth in this Agreement, in any related rules and regulations or otherwise) also apply to the Card except where these rules provide differently. Your retention of, signature on, or use of the Card constitutes your agreement with these rules, as amended from time to time.

DEBIT CARD TERMS OF USE

Card Ownership and Termination: The Cards we issue remain our property at all times and, if we request, you must recover and surrender all Cards we issued to you. We may terminate your right to use the Cards at any time for any reason.

Using the Card: You may use your Card to purchase goods or services wherever the Card is accepted by: (a) initiating a signature transaction and signing for the sale at the merchant location; or (b) using your PIN at a point-of-sale (“POS”) terminal; or (c) using your Card through a mobile wallet; or (d) providing your Card information to an online merchant. You may also use your Card to withdraw cash or make deposits to or from your Account at our facilities or any bank or other financial institution which honors the Card. We have no obligation and no liability to you if anyone refuses to honor the Card or if, for any reason, you cannot make a cash withdrawal from or a deposit at an ATM.

Authorization to Debit or Credit the Account: Each time your Card is properly used, you authorize us to debit or credit your Account (whichever is appropriate) for the total amount shown on any sales draft, withdrawal order or credit voucher originated by use of the Card, whether or not signed by you, and we are permitted to handle such sales drafts, orders and vouchers in the same way we handle authorized checks drawn on your Account.

Access and Limitations: You agree that you will use the Card only if the available balance in your Account will be sufficient to pay the amount of the purchases, cash withdrawals and ATM transactions.

You agree that any purchase or cash withdrawal may be subject to authorization by us or by a Mastercard® authorization center and no authorization will be given if the amount of all outstanding purchases and cash withdrawals will exceed your approval limit.

Upon request, you will be obligated to pay us the amount of any money, property or services obtained by the authorized use of the Card to the extent that we are unable to charge such amounts to the Account. You also authorize us to charge the amount of any such obligation to any other of your Accounts with us.

You may make only ten (10) cash withdrawals from ATMs each day. You can make fifteen (15) point-of-sale transactions each day.

You may withdraw up to $510 from ATMs each Business Day. ATM withdrawals and point of sale transactions using your Card and PIN have a combined total limit of $2,510 per Business Day. You may buy up to $5,000 worth of goods or services each Business Day you use the Card for signature-based transactions.

LIMITATIONS ON DOLLAR AMOUNTS OF TRANSFERS FOR STUDENT ACCOUNTS.

Notwithstanding the limitations stated above, if you have a Student Checking Account, you may withdraw up to $260 from ATMs each Business Day. Withdrawals and point of sale transactions using your Card and PIN have a combined total limit of $760 per Business Day. You may buy up to $500 worth of goods or services each Business Day using your Card for signature-based transactions.

Holds: When you use your Card, a hold will be placed on your Account. The hold may be for the amount of the transaction, or for a pre-established amount in excess of individual transactions (for example, hotel or car reservations). The held funds will not be available for other Account purposes, and we have the right to return checks or other Items presented against your Account to maintain sufficient funds to cover any hold or to pay for any previously authorized transactions. The hold will be released when the transaction is settled through our system, and you agree to maintain sufficient available funds on deposit in the Account to cover all previously authorized transactions. The hold may continue for up to three (3) Business Days, even, for example, if you do not purchase any goods or services for which authorization was obtained.