Benefits OnLine® - Terms and Conditions

Benefits OnLine® Terms and Conditions

The following terms and conditions govern your use of the Benefits OnLine® service.

By accepting and using Benefits OnLine, you agree that these terms and conditions supplement your existing plan account agreements with Merrill, if any, which otherwise remain in full force and effect.

Account Data Access
Benefits OnLine permits you to view benefits information relating to the Plan. By using Benefits OnLine, you represent on a continuing basis that you are authorized to have viewing access to such data. To access benefits information on Benefits OnLine, you must type in your User ID and your Password, which protects the security of your account data, which you agree to safeguard. Merrill and your plan sponsor shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of your User ID and Password. All benefits information is provided as a convenience and for your information, but it is not the official record of your account activity with Merrill; your Merrill account statement remains the official record. Benefits information provided through Benefits OnLine is generally updated as of the prior business day's close of business, but is subject to adjustment and correction.

Processing of Personal Information
By accepting these terms and using Benefits OnLine, you acknowledge and agree that: (i) in order to operate and facilitate the provision of the Benefits OnLine service, you will be required to provide certain personal information; (ii) your personal information will be transmitted through the Benefits OnLine website to be processed and stored by Merrill and its affiliates and vendors; (iii) the Benefits OnLine website is operated by Merrill; and (iv) your personal information will be processed and stored by Merrill on behalf of the issuer of the securities that are the subject of your Plan for the purposes related to your participation in the Plan.

Information
Information (including, without limitation, news, market data, and research reports) provided on Benefits OnLine is obtained from sources we believe to be reliable, but we cannot guarantee the accuracy, timeliness or completeness of such information for any particular purpose. Such information does not constitute investment advice, or a solicitation by Merrill for the purchase or sale of any securities or commodities, or a representation that any securities or commodities are suitable for you. If you copy or transfer any information from Benefits OnLine for your personal reference, you agree that you will not remove or obscure any copyright or other notices contained in any such information. Except as provided in the preceding sentence, you agree not to reproduce, modify, sell, distribute, broadcast, publish or use for any commercial or unlawful purpose any quotes, news, research or other information you receive through Benefits OnLine.

E-mail facilities and services may be provided via Benefits OnLine as a convenience and to enhance your communications with Merrill.E-mail should not be used to request, authorize, or effect the purchase or sale of any securities, to send funds transfer instructions,or for any other financial transactions. Any such requests, orders or instructions sent via e-mail will not be processed by Merrill. Merrill and your plan sponsor shall not be responsible for any loss or damage that could result from your noncompliance with this paragraph.

Erica Bank of America’s Virtual Financial Assistant
Description of Erica: Erica is a non-human, bot feature of the Benefits OnLine app and may help you engage with certain functionalities in a voice or text-assisted manner. For instance, you may be able to obtain account balances; or initiate transfers. In the future, we may add new functionalities. You may enable or disable certain Erica functions at any time in the "Profile & Settings" section.

When you ask a question, Erica uses Artificial Intelligence (“AI”) to analyze your words to understand your intent.Erica will select the most appropriate response from a pre-defined set of answers. This process involves leveraging natural language processing to interpret and respond to customers’ queries effectively. Erica does not use generative AI or large language models, which means responses are not based on vast datasets of external information. Erica doesn’t automatically generate new responses based on interactions she has with customers.

Eligibility Requirements: You must log in to Benefits OnLine using the Benefits OnLine mobile app to access Erica.

To use Erica, you acknowledge that you will have to either speak aloud or write messages to Erica and you will receive audio and text responses. To initiate an interaction with Erica, you may have to tap an icon on the screen after logging into the Benefits OnLine app. Once you initiate an interaction with Erica, we will record and transcribe these interactions. You may want to consider the times and places you use Erica. You should not share confidential or sensitive information, like your social security number or PIN, with Erica. To confirm the accuracy of your interactions with Erica, you can always retrieve your account details through the Benefit OnLine web or mobile applications.

Once activated, Erica may respond to voices that are not yours. You acknowledge that once you invoke the microphone in a session, Erica may capture, record, and transcribe other voices in addition to yours, and may continue recording for a period of time (up to 15 seconds) after Erica hears any statement to which a response can be made, unless you close Erica or sign out of the Benefits OnLine app. We will treat all voice interactions and transactions as though you authorized them, and as though they are authorized interactions and transactions, even if another voice or person initiated or completed them.

Bank of America uses a third-party service provider to provide voice responses, which keeps a record of your conversations for quality assurance, to maintain and transcribe an accurate account of your interactions with Erica, to identify opportunities to make Erica’s responses more helpful and ensure her responses are optimal. Your voice interactions are saved for 90 days so they can be analyzed to help refine Erica’s listening skills. We retain transcripts of your interactions, with the personal data masked.

You acknowledge that anyone who can access your accounts through the Benefits OnLine app, either through your passcode, fingerprint, facial recognition, or otherwise, could also access your accounts through Erica. We will treat these interactions as though you authorized them, and as though they are authorized interactions and transactions, even if another voice or person initiated or completed them.

At times, Erica may also provide suggestions, information and other insights to you or initiate interactions with you, by text or by voice, before you initiate an interaction. Erica may review your Benefits OnLine activity and provide you with financial information you might find helpful about the management of your accounts and other financial issues. You acknowledge that we may have to share your Erica interactions to comply with law, subpoena or court order, and will do so in accordance with applicable law.

Erica's Interactions with You. Erica knows about your relationship with Benefits OnLine and products and services you have with Benefits OnLine. Erica will communicate with you through voice and screen interactions. You are responsible for reviewing the information that Erica displays on the screen and confirming that it accurately reflects your requests or instructions. Please carefully execute and review interactions with Erica, as it is possible that Erica may misunderstand you at times, may not have complete information related to your request, may otherwise make a mistake in responding to you, or the technology may simply not work. Erica is only able to take actions and offer suggestions, information and other insights based upon the current or historical status of certain of your accounts with Benefits OnLine, which may not reflect the full scope of your financial situation. You can always confirm your account activity through the Benefits OnLine web or mobile applications, and we encourage you to do so.

Questions or Disputes. You may direct any questions or disputes regarding Erica, or any transactions performed or information provided through Erica, in accordance with the Benefits OnLine Terms and Conditions or any other applicable agreement you may have with us or our affiliates. If there is any irreconcilable conflict between these Terms and any other agreement you have with Bank of America, then these Terms will control solely with respect to Erica.


Disclaimer Of Warranty And Limitation Of Liability

(a)        MERRILL HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO BENEFITS ONLINE INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/ OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER MERRILL, ITS CORPORATE PARENT, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES (THE "MERRILL GROUP"), YOUR PLAN SPONSOR, NOR ANY THIRD PARTY VENDOR WILL BE LIABLE OR RESPONSIBLE IN ANY WAY TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF BENEFITS ONLINE, INCLUDING, BUT NOT LIMITED TO, THE FAILURE OR INTERRUPTION OF BENEFITS ONLINE; PROVIDED, HOWEVER, MERRILL SHALL BE RESPONSIBLE AND LIABLE FOR ACTUAL LOSSES OR DAMAGES ARISING FROM ITS NEGLIGENCE OR WILLFUL MISCONDUCT IN PROCESSING PERMITTED DIRECTIONS OR INSTRUCTIONS IT RECEIVES THROUGH BENEFITS ONLINE.

(b)         IN NO EVENT SHALL THE MERRILL GROUP OR YOUR PLAN SPONSOR BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF BENEFITS ONLINE, DOCUMENTATION OR SERVICES PROVIDED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER ANY CLAIM THEREFORE IS BASED ON CONTRACT, TORT OR OTHERWISE..