Wise Send Money API terms
1. Welcome to Wise
1.1 Agreement. This is the contract between you and Wise US Inc., which defines the terms and conditions on which Wise provide our Services to you (“Agreement”).
1.2 Other additional documents which apply to you. This Agreement refers to and incorporates by reference the following additional documents (“Additional Documents”), which also apply to your use of our Services:
(b) Our Acceptable Use Policy, which sets out the permitted and prohibited uses of our Services.
1.3 In case of any discrepancies between what is stated in this Agreement and what is stated in the Additional Documents what is stated in this Agreement shall prevail.
1.4 For the avoidance of doubt, upon your use of any of our Services, you accept the last updated version of this Agreement.
1.5 You accept this Agreement. By using our Services, you confirm that you accept and agree to this Agreement. If you do not agree, you must not use our Services.
1.6 API Partners. Wise partners with businesses to offer our Services to customers through their website, mobile application or similar (“API Partners”). We neither control nor endorse, nor are we responsible for, the services provided API Partners provide to you. API Partners have no liability to you pursuant to this Agreement or our Services and are not parties to this Agreement. See Section 12 for more information.
In this Agreement:
API Partner has the meaning given in section 1.6 (API Partners).
Business Day means a day other than a Saturday, Sunday or a public holiday in the United States when financial institutions in New York are open for business.
Exchange Rate has the meaning given in section 9.2 (Exchange rate).
Guaranteed Period has the meaning given in section 9.6 (Guaranteed rates).
Intellectual Property means (i) rights in, and in relation to, any trademarks, logos, patents, registered designs, design rights, copyright and related rights, moral rights, databases, domain names, utility models, and including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights or forms of protection in any part of the world; (ii) rights in the nature of unfair competition rights and to sue for passing off and for past infringement; and (iii) trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information.
Pay-in Methods has the meaning given in Section 8.1 (Payment Methods and Converting Money).
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications, and services (including via an API Partner).
Third Party Materials has the meaning given in section 12 (Third Party Materials).
Money Transfer means using our Services to convert and send currency.
Wise Materials has the meaning given in Section 11.1 (Intellectual Property Rights).
3. Who we are and how to contact us?
3.1 Our company information. Wise US Inc. is a company incorporated under the laws of the state of Delaware with company number 5035680 ("Wise", "we", "us", or "our" as applicable). In the United States, we are licensed as a money transmitter in the states listed here. We only offer our Services in the states in which we are licensed or in the states that do not currently require us to be licensed to provide our Services.
3.2 Our Registered office. Our registered office is 30 W 26th St, 6th floor, New York, NY 10010. This office is for Wise employees only and is not accessible to customers.
3.3 We are a money transmission provider authorized in certain states, and are registered with the Financial Crimes Enforcement Network as a Money Services Business with registration number 31000065314305.
3.4 How to contact us. If you have issues or questions, you should contact the API Partner in the first instance, who will be able to answer most of your questions. However, if you wish to contact us for any reason relating to the Services, you can do so by email, web chat or telephone. Our contact details are provided on the Contact page.
4. Who can use our Services?
4.1 You must be 18 years or over. If you are an individual using our services (on your own behalf if permitted, or on behalf of a business) you must be 18 years or older.
4.2 You must have authority to bind your business. If you are not an individual consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms. We may ask an API Partner to obtain proof of such authority. If we do not receive proof of authority that is acceptable to us, we may suspend your access to our Services.
5. Your use of our Services
5.1 Security and customer due diligence checks. We are required by law to carry out certain security and customer due diligence checks on you in order to provide any Services to you. API partners may provide us with information that we require to satisfy our due diligence requirements. We may also request additional information or documents from you where necessary. In some circumstances, we might need to also perform checks to any parties involved in your transaction (for example, your recipient). You agree to comply with any request from us or the API Partner for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to offer our Services or in the event of a dispute relating to this Agreement. You agree we may disclose your name, residential address and date of birth to a credit reporting agency in order to obtain a credit report for these purposes.
5.2 Wise reserves the right to limit access to the Services in the event we are unable to obtain or verify your information.
5.3 Transacting on your own account. All use of our Services shall be deemed as activities carried out by you and/or your business (as applicable).
5.4 Your use of our Services must not violate any applicable laws. You commit to us that your use of our Services does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
6. Suspending your access to our Services
6.1 We may suspend your use of our Services without notice in certain circumstances. We may at any time suspend your access to our Services. We may do this if:
(a) we suspect you have breached this Agreement or documents referred to in this Agreement;
(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
(c) we have reason to believe you are in breach of any applicable law or regulation; or
(d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
6.2 We will give you notice of suspension where possible. We will give you notice, or request an API Partner to give you notice, of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures.
7. How much will you pay
7.1 You must pay our fees. You must pay the fees in connection with the use of our Services, for Wise, the API Partner, or both. We will not process your transaction or provide any other Services to you until we have received the fees from you. We will let you know the exact amount payable by you when you set up your order.
7.2 Taxes. You are responsible for any taxes which may be applicable to payments you make, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
Payment Methods and Converting Money
8. Send money
8.1 Pay-in Methods. You may be presented with one or more methods for a Money Transfer for example, bank transfer, credit cards or debit cards (in this Agreement, we will call these methods “Pay-in Methods”). The number of Pay-in Methods made available to you will depend on a number of factors including where you live, your API Partner, and your verification status with us. Pay-in Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Pay-in Method and we may change or stop offering a Pay-in Method at any time without notice to you.
8.2 Payment instrument must be in your name. If you are an individual customer (if applicable), any payment instrument (for example, the credit card or debit card) you use with your chosen Pay-in Method must be in your name. If you are not an individual customer, you confirm that you have authority to bind any business or entity on whose behalf you are using any payment instrument.
8.3 Chargebacks on your payment instrument. If you selected a Pay-in Method which gives you or your business chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you agree that you will only exercise this chargeback right if:
(a) we have breached this Agreement; or
(b) there was an unauthorized use of your payment instrument, meaning that you did not execute or authorize the payment.
You agree that you will not exercise your chargeback right for any other reasons, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so.
8.4 Sending money via an API Partner. If you use our Services via an API Partner, the API Partner may request that you instruct the API Partner to transmit the funds to us from your account with the API Partner or with one of their financial institution partners. By doing so, you authorize us to collect these funds from the API Partner to execute a Money Transfer.
8.5 Sending money by Direct Debit (ACH Pull). If you choose to send money using our automated clearinghouse (ACH) pull direct debit feature, you will need to provide your bank login details or bank account details to us, including your bank account number and routing number. When you choose to send money using our ACH Pull and provide your details, you confirm that your details are correct, that you are authorized to access and transmit funds from your bank account, that your bank account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from your bank account.
When you choose to send money using our ACH Pull and by providing your bank account details and requesting a transaction, you authorize us to initiate electronic credits and debits to your bank account through the ACH network, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with our Service unless canceled in accordance with this Agreement.
8.6 Sending money by Wire or ACH Push. If you choose to send money using the ACH push or domestic wire transfer method, then your transaction order will remain inactive until we receive your funds to our specified account. Such payments must be made to our specified account via ACH Push or domestic wire transfer. In cases where for any reason the send transaction is canceled or refused, then we will promptly return the deposit to your bank account from which the transaction originated. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information available to us, or request an API Partner contact you on our behalf.
8.7 Sending Money by debit or credit card. If you choose to send money via debit or credit card you will need to provide your card details to us, including your card number and cardholder name. When you choose to send money via debit or credit card, you confirm that your card details are correct, that you are authorized to access and transmit funds from your card account, that your card account is in good standing with the account-holding financial institution, and that you have the authority to initiate a debit or credit card payment in the amount at issue to or from your card account. You authorize us to initiate debits to your bank account through card payment networks in order to process a requested transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with the Service unless canceled in accordance with this Agreement.
8.8 Restrictions. For legal, security, or other reasons, there may be financial limits for particular payment methods or currencies.
9. Currency Conversion
9.1 Our Services include the ability to convert currencies, for example as part of a Money Transfer.
9.2 Exchange rate. When we refer to an exchange rate in this Agreement, it means the exchange rate at the relevant time for the relevant currency pair (for example, GBP to EUR, USD to AUD) that is offered by Wise, which is typically provided by a reference rate provider. We may change our reference rate provider from time to time without notice to you.
9.3 For some currencies, we do not use the mid-market exchange rate, including where we are required to use a different reference rate for the exchange rate for your currency pair. For example, for currency conversions to Nigeria (NGN), we are required to use the rate set by the Central Bank of Nigeria. For these currencies we will notify you of the exchange rate offered by Wise when you initiate a Money Transfer.
9.4 Refusing a Money Transfer. We reserve the right in our sole discretion to refuse any Money Transfer. Reasons for refusal may include but are not limited to incorrect information about the recipient, insufficient available funds, or where we believe you may have violated this Agreement, including we believe you are attempting to engage in currency trading or other trading for purposes not permitted by this Agreement. We will endeavor to notify you or request an API Partner notify you of any refusal. However, we will not notify you if such notification may be unlawful.
9.5 We are not a currency trading platform. Wise is not a currency trading platform, and accordingly, you should not use our Services for this purpose (including creating a series of Money Transfers without the intention of completing them or for seeking to profit from foreign exchange trading). If we detect that you are using our Services for this purpose, we may, at in our sole discretion, cancel your orders, set a limit on the amount of money you can convert or transfer in one or more currencies or in the same currency, restrict your ability to use this or other features, or suspend your access to our Services and disgorge your gains.
10. Sending money
10.1 Information you need to provide to set up a payment order. To set up a payment order, you may need to provide certain information to us, including, but not limited to, the full name of your recipient, your recipient’s bank account details or their Wise account details and amount to be transferred.
10.2 Payment order limits. We may place limits on the amount you may send per transfer. For more information on the applicable limits, please contact the API Partner.
10.3 When we received your payment order. If your payment order is received by us after 5pm Eastern Standard Time on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
10.4 You need to provide us with sufficient funds before we can process your payment order. We may only process your payment order if we have received sufficient cleared funds following the process in Section 10. If you send the relevant funds prior to setting up the Money Transfer, we will attempt to return them to you. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your or a third party’s bank or payment service provider. We are not responsible for the funds you have sent until we have received them.
10.5 Delay in transfer. We may delay processing a payment order in certain situations because of verification checks or due diligence reviews, or if other payments have been reversed (for example, as a result of a chargeback or bank reversal). We cannot be held responsible for any such delays.
10.6 Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order.
10.7 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
10.8 Sending money using an email address. If you send money to a person using an email address which is not registered with us, the money will not be credited until the intended recipient has claimed the money following the steps we have set out for them. Until that process is successfully completed, there is no relationship between us and the intended recipient and the money continues to belong to you. We will refund the money to you if the intended recipient does not claim the money or if they have failed our customer checks within a reasonable time period as determined by us.
10.9 Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
10.10 You may cancel your payment order before your funds are converted. You may cancel your payment order before your funds have been converted into the Target Currency you requested.
10.11 Personal, family or household. You have the right to cancel a Money Transfer order for personal, family or household purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, within thirty (30) minutes of payment for the Money Transfer.
10.12 Business or commercial Money Transfers. You have the right to cancel a Money Transfer order for business or commercial purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, up until the Money Transfer has been completed in accordance with your instructions.
10.13 Customers in California and Washington. You have the right to cancel a Money Transfer order for personal or business purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, up until the Money Transfer has been completed in accordance with your instructions.
10.14 In each case, Money Transfer orders should be canceled from the website or application. If you cannot cancel from the website or application, you can contact the API Partner or, if necessary, us by telephone at 1-888-908-3833.
10.15 We will issue a refund within three (3) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.
10.16 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
10.17 What happens if you provide us with incorrect information? If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you and may need to charge you a fee for that.
10.18 When will I be notified of my scheduled Money Transfer? If you have scheduled a Money Transfer in advance then we will notify you or request the API Partner notify you 24 hours before your upcoming Money Transfer, setting out the total fees and the estimated exchange rate for that Money transfer. By scheduling a Money Transfer, you agree to Wise sending the funds using the exchange rate at any time on the scheduled date. If you have opted in to receiving confirmation emails, we will send you a Money Transfer receipt after successfully sending your scheduled Money Transfer.
11. Intellectual Property Rights
11.1 All right, title and interest in and to any software, data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed, provided or made available by us or our affiliates to you, and any and all technology and any content created or derived from any of the foregoing (“Wise Materials”) and our Services are the exclusive property of Wise and its licensors. The Wise Materials and Services are protected by intellectual property rights laws and treaties around the world. All such rights are reserved.
11.2 How you can use Wise Materials. While you are using our Services, you may use the Wise Materials only for your personal use and solely as necessary to enjoy our Services. Subject to your compliance with this Agreement and your payment of any applicable fees,
11.3 When you cannot use Wise Materials. Unless you have received written permission from us, you may not, and may not attempt to, directly or indirectly:
(a) use any of the Wise Materials for any commercial purpose or otherwise infringe our intellectual property rights;
(b) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Wise Materials to any person or entity;
(c) remove, obscure, or alter any notice of any of our trademarks, or other Intellectual Property appearing on or contained within the Services or on any Wise Materials;
(d) modify, copy, tamper with or otherwise create derivative works of any software included in the Wise Materials; or
(e) reverse engineer, disassemble, or decompile the Wise Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Wise Materials or as part of the Services.
11.4 Wise Trademarks. A non-exhaustive list of Wise Trademarks is enclosed below. “WISE”, “WISE CARD”, “WISE PLATFORM”, “WISEPLATFORM”, “WISE PAY”, “WISEPAY”, “WISEBUSINESS”, “WISE BUSINESS”, “WISETRANSFER’, “WISE TRANSFER”, “TRANSFERWISE”, “BORDERLESS”, “MONEY WITHOUT BORDERS” and any other business and service names, logos, signs, graphics, page headers, button icons and/or scripts (each as might be amended from time to time) are all registered or unregistered trademarks or trade dress of Wise or Wise’s licensors in the relevant jurisdictions (“Wise Trademarks”). You may not copy, imitate, modify or use Wise Trademarks without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Wise or the Wise services or display them in any manner that implies Wise’s sponsorship or endorsement. Further, you may not use Wise Trademarks and trade dress in connection with any product or service that is not Wise’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wise.
11.5 All other trademarks, registered trademarks, product names and company names or logos not owned by Wise that appear in Wise Materials or in the Services are or may be the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wise, and may not be used without permission of the applicable rights holder.
12. Third Party Materials
12.1 Certain functionality relating to the Services may involve you accessing to information, products, services and other materials by third parties, including the API Partners (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links.
12.2 We neither control nor endorse, nor are we responsible for, any third parties or Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) at any time.
12.3 Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Errors and Unauthorised Transactions
13. Errors in the Case of Money Transfers
13.1 With regard to Money Transfers sent for personal, family or household purposes, and the payment amount equals or exceeds $15 USD, the following are considered Errors: (a) You paid an incorrect amount for your Money Transfer; (b) Wise made a computational error, such as a miscalculation of the amount the recipient received; (c) The amount stated in the Money Transfer receipt was not made available to the recipient, unless the problem was caused by extraordinary circumstances outside our control; (d) Funds were available to the recipient later than the date of availability that was disclosed to you on the Money Transfer receipt or were not delivered, unless, extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances, or delays resulted from fraud screenings, or were caused by requirements of the Office of Foreign Assets Controls or similar requirements, or the Money transfer was made with fraudulent intent; and (e) You did not receive any confirmation of your Money Transfer, such as information required to determine if a Money Transfer occurred.
13.2 If you believe an Error of the type described above occurred, you must duly contact us in accordance with the information above, and we will investigate and determine whether an error occurred within 90 days (although we typically do this within ten (10) business days) after you contact us.
13.3 We will inform you of our determination within three (3) Business Days after completing our investigation. If we decide that there was no Error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation. If we determine that an error has occurred, you will be given the option of obtaining a refund or making available to the designated recipient the funds necessary to resolve the error. Please note that we are only required to refund fees where we failed to make funds available to the recipient by the date of availability we specified, unless you provided incorrect or insufficient information to us, in which case we are not required to refund fees.
13.4 What is not considered an Error. The following are not considered Errors:
(a) Invalidation and reversal of a payment or transaction;
(b)Requests for duplicate documentation or other information for recordkeeping purposes;
(c) An inquiry about the status of a Money Transfer (except where the funds from the order were not made available to the recipient by the disclosed date of availability);
(d) A change in the amount or type of currency received by a designated recipient from the amount or type of currency stated in the disclosure provided you, if we relied on information provided by you in making the disclosure;
(e) Delays that result from Wise applying holds or limitations. Our decision about holds or limitations may be based on confidential risk management procedures and the protection of Wise, our customers and/or service providers. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you;
(f) Delays based on a review of a potentially high-risk transaction;
(g) Your errors in making a transaction (for example, mistyping an amount of money that you are sending or choosing an incorrect Target Currency).
(h) Delays due to actions of third parties (e.g., your or a recipient's bank)
14. Unauthorized Transactions
14.1 An Unauthorized Transaction occurs when money is sent that you did not authorize and that did not benefit you.
14.2 The following are not considered Unauthorized Transactions:
If you give someone access to our Services (by giving them your login information) or access to the API Partner and they use our Services without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment.
14.3 If your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
15. Our responsibility for loss or damage
15.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
15.3 We are not liable for business losses. To the extent permissible by law, if you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or similar.
15.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.
15.5 We are not liable for losses arising from your use of third parties. We will not be liable for any loss or damage caused by third parties, including the API Partner. Your use of services provided by third parties is at your own risk
15.6 We have no control over websites linked to and from our Website. We assume no responsibility for such Third Party Materials or any loss or damage that may arise from your use of them.
15.7 Our liability to you for unauthorized payments or our mistake. In case of an unauthorized payment or mistake due to our error, we shall at your request refund the payment amount including all fees deducted by us. We may require proof that such payments were unauthorized. This shall not apply where we believe:
(a) your personalized security features are lost, stolen or misappropriated. You will be liable for the first USD 35 of any unauthorized payments if we believe you should have been aware of the loss, theft or unauthorized use. We will not hold you liable for the first USD 35 if the unauthorized payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf. Your liability for the first USD 35 also does not apply to any unauthorized transactions made after you have notified your personalized security features may have been compromised ;
(b) you have acted fraudulently;
(c) you, or the API Partner on your behalf, do not quickly notify us of security issues regarding your access to our Services (e.g., loss of your password);
(d) the payment transaction was unauthorized but you have with intent or gross negligence compromised the security of your log-in details or failed to comply with your obligations in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or
(e) you don’t let us know about the unauthorized or incorrectly completed transaction within 13 months from the date of the payment transaction.
15.8 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
15.9 You are liable for breaching this Agreement or applicable laws. In the event of loss, claims, costs or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and/or your, or any authorized third parties’, use of our Services, you agree to defend, compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
15.10 What happens if you owe us money? In the event you are liable for any amounts owed to us for whatever reason, you agree to repay the outstanding amount to us immediately on demand along with any applicable fees and interest. In the event that you do not repay the outstanding amount then, without prejudice to any other rights we may have, we reserve the right to collect your debt to us by using any payments received to fund a Money Transfer and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through other collection avenues, including, without limitation, through the use of a debt collection agency. We may recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.
15.11 Release. If you have a dispute with any third party that you send money to or receive money from using the Services, you release Wise from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) , for example, California Civil Code § 1542), that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
15.12 Disclaimer of Warranty. The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. Wise specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
15.13 Availability of Services. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
15.14 You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access our Services on your behalf, we may refuse access to that third party if we are concerned about unauthorized or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
16.1 If you have any complaints about us or our Services, you should contact the API Partner in the first instance. You may also contact us directly following our customer complaint procedure.
17. Other important terms
17.1 Third Party rights. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
17.2 Assignment. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your consent.
17.3 Severability. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 Enforcement. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.
17.5 Entire Agreement. This Agreement supersedes and extinguishes all previous agreements between you and Wise, whether written or oral, relating to its subject matter.
17.6 Governing law. You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Wise, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Wise, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Wise and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in- person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
17.7 Unlawful internet gambling notice. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from your relationship with Wise. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
17.8 Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.