Customer Agreement

Wise US Inc.

Effective Date: May 30, 2024

Welcome To Wise

This Customer Agreement is between you and Wise US Inc. (“Wise”, “we”, “us”, or “our” as applicable), concerning your use of (including any access to) the Services, as defined below and including the Website, App, API and other Wise Materials.

By opening, registering, or using a Wise Account, or by otherwise using the Services, you agree to be bound by this Customer Agreement and consent to receive communications related to the Services or your Wise Account in electronic format (as set forth in our Electronic Communications Delivery Policy - which also provides for E-sign disclosures and consent), and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Customer Agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you:

Our Privacy Policy, which sets forth the terms on which we handle any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you confirm that all data provided by you is accurate.
Our Acceptable Use Policy, which sets forth the permitted uses and prohibited uses of our Services.
Our Frequently Asked Questions (FAQs) page, which provides answers to common customer questions, and which are incorporated into this Customer Agreement.

Please read carefully all of the terms of these policies and each of the other agreements that apply to you. Your use of certain Services may be subject to additional terms and conditions, as communicated by us to you through the Service or by other means, and such additional terms and conditions are incorporated into this Customer Agreement.

This Customer Agreement contains several sections, and you should read all of them carefully. The headings are for reference only. Some capitalized terms have specific definitions that are defined in the Glossary or within this Customer Agreement. Underlined words in this Customer Agreement contain hyperlinks to further information.

If we change the Customer Agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice here. Your use of the Services following any changes to this Customer Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Customer Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access via any third-party links); charge, modify or waive certain fees related to the Services; or offer the Services, or certain of the Services, to some or all users.

About Wise

Wise is a corporation incorporated in Delaware. 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. In other U.S. states, we only offer services in conjunction with our partner financial institution(s). The terms and conditions governing those services are located here.

The Services enable you to, in supported currencies, Transfer currencies, upload or receive money into your Borderless Account, hold balances in your Borderless Account, convert currency balances to balances in other supported currencies, withdraw funds held in your Borderless Account, and otherwise transmit funds to recipients. We retain full discretion to refuse to accept any user or to complete any instruction to Transfer, receive, send, withdraw or convert money held in your Wise Account at any time.

Glossary

In this Customer Agreement:

API means the application programming interface provided by Wise.
App means the mobile application software, the data supplied with the software and the associated media.
Borderless Account means an account offered as part of your Wise Account with certain features including the ability to hold prepaid money.
Business Day means a day other than a Saturday, Sunday or a public holiday in the United States when financial institutions are open for business.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
Source Currency means the currency which you use to fund a currency conversion.
Target Currency means the currency that you or your recipient will receive after you convert currency.
Transfer means using your Wise Account to, as part of a single transaction, upload, convert and send currency.
Wise Account means the Wise Account on the website or mobile app you have opened with us in accordance with the terms of this Customer Agreement for use of our Services.
Wise Materials means any software (including without limitation the App, API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website.
Unauthorized Transaction means when money is sent from your Wise Account that you did not authorize and that did not benefit you.
Website means any webpage, including but not limited to www.wise.com, where we provide Services to you.

Using Our Services

Opening a Wise Account

In order to use some or all of the Services, you must first open a Wise Account by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your Wise Account profile. To make changes to your profile, login here and then go to your account page. We may refuse to provide or may discontinue providing the Services to any person or entity at any time for any reason.

We treat all activities under a Wise Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity. You may only open one Wise Account unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Wise may close or merge these duplicate accounts without notification to you.

Account Security

You, not Wise, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access your Wise Account and the Services. You must never disclose your Wise Account password or your customer reference number (see our Frequently Asked Questions page for more information about these credentials). Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact Customer Support if you are not sure about this, or any other security-related aspect of your Wise Account. Review third-party recommendations on the creation and use of passwords, for example: https://support.google.com/accounts/answer/32040?hl=en. You must never let anyone access your Wise Account or watch you accessing your Wise Account.

If you suspect your Wise Account, login details, password or any other security features are stolen, lost, used without authorization or otherwise compromised, you are advised to change your password. Contact Customer Support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorized by you. Telephoning us is the best way to minimize your risk of loss. In addition, contact us at once if your transaction history for your Wise Account shows transactions that you did not initiate. We rely on you to regularly check the transactions history of your Wise Account and to contact Customer Support immediately in case you have any questions or concerns.

We may (but are not obligated to) suspend your Wise Account or otherwise restrict its functionality if we have concerns about the security of the Wise Account or any of its security features; or potential unauthorized or fraudulent use of your Wise Account or any of its security features. See Wise can close your Wise Account, below for more details.

You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Wise Account. Let Customer Support know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Additional Wise products or Services you use may have additional security requirements, as notified to you by us, and you must familiarize yourself with those requirements.

In the case of what you believe to be any incorrect or misdirected payment, please see Protection from Unauthorized Transactions, Cancellation of your currency conversion order, and Error Resolution below.

Authorizing Third Parties

You may authorize third parties to access your Wise Account to provide their services to you, including authorizing them to initiate payments from your Wise Account. You acknowledge that if you authorize a third party to access your Wise Account, we may disclose certain information about your Wise Account to this third party. We are not responsible for any such third party’s use of your Wise Account or any information in your Wise Account. Granting permission to a third party does not relieve you of your responsibilities under this Customer Agreement, including notifying us if your Wise Account has been compromised or if a transaction is incorrect or unauthorized.

Verification

If you open a Wise Account and use certain Services, federal law requires that we verify some of your information. You authorize Wise to make any inquiries we consider necessary to validate your identity. These may be made directly or through third parties, including checking commercial databases or credit reports. We may need to ask you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you. This could include requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. Wise reserves the right to close, suspend, or limit access to your Wise Account and/or the Services in the event we are unable to obtain or verify this information.

Our Services

Uploading Money

You may upload money in supported currencies into your Wise Account in order to (i) Transfer money (i.e. convert the currency and send it to your account or to another person) or (ii) add money to your Borderless Account for use later. The supported Currencies are listed on our Website.

For (i) above, we will automatically add the money you to send to us to your Borderless Account before we process your Transfer by sending it to your chosen beneficiary, which will typically happen immediately after we receive your funds into your Borderless Account.

Transfers where the Source Currency you choose is one of the following: AUD, AED, BRL, HKD, MYR, IDR, INR, JPY, MYR will be directly processed and will not involve your Borderless Account, meaning it will not be processed with the payments via accounts mechanism. See Transferring Money or Withdrawing Money from your Borderless Account for more details. For Transfers funded from balances held in your Borderless Account, if the payment is validly canceled before funds are picked up or deposited, we may return the amount to your Borderless Account. See Cancellation of a Transfer Order for more details.

You can upload money through one or more methods, for example, bank transfer (ACH or wire), credit cards or debit cards. The number of methods available to you will depend on a number of factors including where you live and your verification status with us, as well as other factors. Upload methods are not part of our Services, they are services provided by third parties, for example, the card provider which issued your credit or debit card. We cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without notice to you.

We will credit your Wise Account once we have received your money, and we are not responsible for the money you have uploaded until we have received it. For some particular upload methods, we will credit the money to your Wise Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Wise Account. See Reversals and Chargebacks, for details. If you do not have enough money in your Wise Account for this purpose, we can demand repayment from you using other methods. See Negative Account Balances for further details.

Uploading Money by Direct Debit (ACH Pull)

If you choose to upload money using our automated clearinghouse (ACH) pull direct debit feature, you will need to provide your bank login details or bank account details, including your bank account number and routing number. When you choose to upload money using our ACH pull direct debit feature 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 upload money using our ACH pull direct debit feature 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 the Service unless canceled in accordance with this Customer Agreement.

Uploading Money by Debit or Credit Card

If you choose to upload money via debit or credit card, provided we offer such options, you will need to provide your card details, including your card number and cardholder name. When you choose to upload 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 may authorize us to initiate credits and 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 Customer Agreement.

Uploading Money by Wire or ACH Push

If you choose to upload 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 upload transaction is cancelled 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 provided to us by you through your Wise registration.

Other Information About Uploading Money

No other payment methods are accepted, including cash, mailed check, or electronic check. For legal, security, or other reasons, there may be financial limits for particular payment methods or currencies, or for how much you can upload into your Borderless Account. Please visit the Frequently Asked Questions section for more information.

If you selected an upload method which gives you reversal and chargeback rights (for example in relation to your credit card, you ask your card provider to reverse a transaction on your card) please see Reversals and Chargebacks below.

Receiving Money into your Borderless Account

The number of methods made available to you for receiving money into your Borderless Account will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without notice to you.

You are not permitted to receive payments by other payment methods, including cash, mailed check, or electronic check. There may be financial limits for particular payment methods or currencies, please visit the Frequently Asked Questions section for more information.

When someone sends money to your Borderless Account using a method that we support, the money will appear in your Borderless Account. You should check the incoming funds in your Wise Account against your own records regularly and let us know if there are any irregularities.

When you receive funds you can accept them as-is and maintain a balance in your Borderless Account in that currency or accept them and then convert them to another currency. See Currency Conversion below for details.

Receiving Money into your Borderless Account by Wire or ACH Push

In certain currencies, we may provide to you specified bank account details that you can in turn provide to third parties so that they can send money to your Borderless Account using the ACH push or domestic wire transfer method. These account details are offered by our third-party banking partner(s). If you choose to receive money using this method, you will not have access to such funds until we receive the funds into our specified account.

You acknowledge that the money received in your Borderless Account via this method may be subject to Reversal or Chargeback and you agree that we may deduct the received amount from your Borderless Account if it is cancelled or reversed by the person who paid you the amount or any relevant payment services provider. If for any reason the transaction is cancelled or refused, then we will promptly return the deposit to the bank account from which the transaction originated. See further details in the Negative Account Balance section. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us when you registered for your Borderless Account.

If you provide the account details we provide to you to a third party, you agree that you will not impose a surcharge or any other fee solely for accepting payment through a Service offered by Wise.

Holding A Balance in your Borderless Account

Wise is not a bank and your Borderless Account is not a bank account. The specified bank account details that we provide to you in order for you to receive funds from third parties are for accounts held by Wise and its affiliates (and we will credit your Borderless Account, which is held by us, upon receipt of such funds), and are not for a bank account held by you. Value held as a balance in your Borderless Account represents an unsecured claim against Wise and is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other deposit protection scheme. Wise invests balances held by its customers in permissible investments in accordance with state money transmitter laws. Wise owns the interest or other earnings on these investments, if any. Wise does not use balances held by its customers for operating expenses or other corporate purposes and will not voluntarily make such funds available to its creditors in the event of bankruptcy. For further information on how we look after your money, please visit our Frequently Asked Questions page.

In addition, an active Borderless Account holder may open a “Jar.” A “Jar” is a subaccount of the Borderless Account that can be used to segregate a portion of the funds held for a designated purpose, such as a travel. You can use the funds directly from a Jar to send or transfer funds out of the Jar to external accounts or move the money back into your Wise Account balance. The funds within a Jar can be enabled for spending through Card transactions but they may not be accessed via direct debits. You should keep enough money in your Borderless account to cover all anticipated expenses. Wise is not responsible for fees resulting from unfunded transactions due to funds being captured in a jar subaccount.

A Jar is not a savings account, do not have their own account numbers, and don’t earn interest. Value held as a balance in your Jars represents an unsecured claim against Wise and is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other deposit protection scheme.

Managing Your Money in Multiple Currencies

Your Borderless Account balance may be held in certain currencies supported by Wise from time to time. You may hold a balance in more than one of these currencies at the same time. You are responsible for all risks associated with maintaining a Wise Account balance in multiple currencies. You may not manage multiple currencies for speculative trading purposes.

Transferring Money or Withdrawing Money from your Borderless Account

You may Transfer money you have uploaded, or withdraw money from your Borderless Account by:

Sending it to your own bank account linked to your Wise Account through ACH push;
Sending it to another Wise customer’s account;
Sending it to a third party’s bank account through ACH push or wire transfer.

Except for Transfers where the Source Currency you choose is any of the following: AUD, AED, BRL, HKD, MYR, IDR, INR, JPY, MYR, your Transfer will be funded from your Borderless Account balance with the payments via accounts mechanism (“payment via accounts ”). This means that these Transfers will originate from your Borderless Account. You will be able to pay into your Borderless Account using all methods currently available to you as detailed in the Uploading Money Section.

The number of payout methods available to you will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular payout method and may change or stop offering a payout method at any time without notice to you, but we will ensure that you will have at least one payout method available to you unless prohibited by applicable law.

When you Transfer money, you will be charged a fee, which is referenced in the Currency Conversion Section. In addition, you will be charged a fee for each withdrawal from your Borderless Account. We will let you know the exact amount of the fee when you submit your request. You can also find out more information about the fees we charge on the Pricing Page and below in the Fees section. You can find a list of all fees on the Wise Long Form Disclosure and a summary fee disclosure required by the Consumer Financial Protection Bureau on the Wise Short Form Disclosure. Payout methods are not part of our Services, they are services provided by third parties for example the bank where you or the third party recipients hold a bank account.

When setting Transfer order or withdrawal requests, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.

Once we have received your Transfer order, we will send you a confirmation by email that we have received it. Please note that, with respect to funding a Transfer, a payment is made when Wise has received the funds. Each Transfer order is given a unique transfer number which is shown in the transaction history in your Wise Account on the Website. You should quote this transfer number when communicating with us about a particular Transfer.

Please see our Guide to USD Transfers for more detailed information on:

The types of transfers a customer can make through Wise and any limits on the frequency and dollar amount of these transfers

Your right to stop a payment of a pre-authorized payment and the procedure for playing a stop payment order

Wise’s liability if we fail to make or stop certain transfers

Limits on withdrawal and Transfer

Your agree that your Borderless Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we could carry out additional checks or impose additional obligations before allowing the money to be withdrawn.

We may also place limits on the amount of currency you may Transfer at any given time, for more information on the applicable limits, please visit our Frequently Asked Questions page. We may limit the amount of your Transfer order consistent with our obligations under applicable law and at our discretion. If your Transfer order is received by us after 5:00 PM EST on a Business Day or not on a Business Day, your Transfer order will be deemed received on the following Business Day.

Delay in withdrawal or Transfer

We do not have any control over the time it may take for your or a recipient’s bank or payment provider to credit and make available funds to you or your recipient once we make the funds available to you or the recipient’s bank or payment provider.

We may delay a withdrawal or Transfer, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your Wise Account have been reversed (for example, as a result of a chargeback or bank reversal (See Reversals and Chargebacks for more details)). The completion time of your Transfer (i.e., the date on which funds will be available to the recipient) is notified to you on your confirmation when you complete the setup of your Transfer order. You may also find further information regarding the completion time on the Frequently Asked Questions page.

Currency Conversion

Our Services include the ability to convert currencies, for example:

As part of a Transfer;
In your Borderless Account, you may upload money in one currency and later use that balance to send money to a third party in another currency;
In your Borderless Account, you may upload money in one currency and use that balance to withdraw money in a different currency; or
In your Borderless Account, may convert a currency balance into a different currency balance.

A conversion fee will apply when we perform a currency conversion. You can also find out more information about the fees we charge on the Pricing Page and below in the Fees section. You can find a list of all fees on the Wise Long Form Disclosure and a summary fee disclosure required by the Consumer Financial Protection Bureau on the Wise Short Form Disclosure. A currency conversion order may either be:

a “Fixed Source Order” which is a currency conversion order where you indicate that you wish to convert a fixed amount of Source Currency in order for you or your recipient to receive the converted amount in the Target Currency; or
a “Fixed Target Order” which is a currency conversion order where you indicate that you wish to convert a fixed amount of Target Currency in order to you or your recipient to receive the corrected amount in the Source Currency.

You can only place a Fixed Target Order where the Source Currencies are GBP (British Pound), EUR (Euro), USD (U.S. Dollar), AUD (Australian Dollar), BGN (Bulgarian Lev), CHF (Swiss Franc), CZK (Czech Koruna), DKK (Danish Krone), HUF (Hungarian Forint), NOK (Norwegian Krone), NZD (New Zealand Dollar), PLN (Polish Zloty), RON (New Romanian Leu) and SEK (Swedish Krona).

We will only process your currency conversion order if we hold or have received the relevant funds and the fees specified on the Pricing Page and the Fees section below from your Wise Account. You can find a list of all fees on the Wise Long Form Disclosure and a summary fee disclosure required by the Consumer Financial Protection Bureau on the Wise Short Form Disclosure. It is your responsibility to send us the money to fund a currency conversion order (whether in your Borderless Account or as part of a Transfer) in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

Refusing a currency conversion order. We reserve the right in our sole discretion to refuse any currency conversion order. 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 Customer Agreement, including we believe you are attempting to engage in currency trading or other trading for purposes not permitted by this Customer Agreement. We will endeavour to notify you of any refusal, using the contact information in your Wise Account, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful.

Once we have received your currency conversion order, we will send you a confirmation by email that we have received it. Each currency conversion order is given a unique transaction number which is shown in the transaction history on your Wise Account. You should quote this transaction number when communicating with us about a particular currency conversion order.

When will I be notified of my next scheduled transfers.

If you have scheduled a transfer in advance then we will notify you 24 hours before your upcoming transfer, setting out the total fees and the estimated ‘live’ exchange rate for that transfer. By scheduling a transfer, you agree to TW sending the funds using the live exchange rate at any time on the scheduled date. If you have opted in to receiving emails, we will send you a transfer receipt after successfully sending your scheduled transfer. For more information on scheduled transfers see our Help Centre.

Exchange rate.

When we refer to an exchange rate in this Customer 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.

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 place your payment order.

Guaranteed rates.

We will notify you of the guaranteed rate and the guaranteed time period (the "Guaranteed Period") when you create your Money Transfer. Guaranteed Periods are subject to the following conditions:

(a) The Guaranteed Period may be extended if your Money Transfer is created over the weekend or public holiday.

(b) We must receive sufficient funds from you during the Guaranteed Period in order to convert your money at the guaranteed rate. You will see when we have received your money by logging into your Wise Account.

(c) If we receive your funds after the Guaranteed Period, we will not be able to convert your money using the guaranteed rate and your transfer will become a non-guaranteed rate transfer. Accordingly, we may convert your money at the applicable exchange rate at the time we receive your money or we will email you and ask you if you want to proceed with your transfer at the new exchange rate.

(d) If the relevant exchange rate (as provided by our reference exchange rate provider) changes by 5% or more during the Guaranteed Period, we can, at our option, suspend your transfer for a reasonable period of time or cancel your transfer and refund the money to you.

(e) For certain currencies, including where you are sending from Japanese Yen (JPY), the guaranteed rate will only be offered after your address has been verified by us.

(f) We may change these guaranteed rate conditions or suspend the guarantee rate feature at any time.

Auto Conversion.

For certain currencies, you may be able to set one or more conversion orders to be automatically executed once the exchange rate you pick is offered by our Services (an “auto conversion order”). There may be limits to the number of auto conversion orders you are able to set up, as well as the amounts of money you can schedule to convert. Wise does not guarantee that it will be able to execute your auto conversion order in all circumstances.

We are not a currency trading platform.

Wise is not a currency trading platform, and accordingly, you should not use our Services, including the Wise Account or the auto conversion order function for this purpose (including creating multiple auto conversion orders or a series of Money Transfers without the intention of completing them or for seeking to profit from FX trading). If we detect that you are using our Services for this purpose, we may, at in our sole discretion, set a limit on the number of auto conversion orders you may create, 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 or close your Wise Account and disgorge your gains.

Cancellation of a Transfer order

Personal, family or household

You have the right to cancel a 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 currency conversion order.

Transfer orders may be canceled from the website or application. You can also cancel your transfer by contacting us by telephone at 1-844-926-4389, or submitting a request in writing through the Help Center. If you contact us to cancel a transfer, please provide us with enough information to enable us to identify the transfer within our system, which may include (1) Your Name and Address or Telephone Number and (2) the Transfer Number or the Name of the Sender, the dollar amount of the transfer, and date of the transfer.

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.

We may refund canceled Transfer orders that were initiated from funds held in your Borderless Account directly back into your Borderless Account . You may withdraw the refunded amount following the steps in section Transferring Money or Withdrawing Money from your Borderless Account. In this case, we may waive the fee for withdrawing the canceled Transfer.

Business or commercial Transfers

You have the right to cancel a 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 Transfer has been completed in accordance with your instructions.

Customers in California and Washington

You have the right to cancel a 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 Transfer has been completed in accordance with your instructions.

Fees

The fees for transferring money, withdrawing money and/or currency conversion will be disclosed to you when you place an order and prior to your confirming the transaction. You can find a list of all fees on the Wise Long Form Disclosure and a summary fee disclosure required by the Consumer Financial Protection Bureau on the Wise Short Form Disclosure. You may also view the fee structure on our Pricing Page. For clarity, the fees applicable to you on the Pricing Page form part of this Customer Agreement and are subject to change.

You agree to pay the relevant fees using your chosen payment method. The fee will be charged at the time when you withdraw money or convert currency. Our fee does not include any fees that your bank or the recipient’s bank may charge. Those fees may be deducted from money you upload into your Borderless Account including funds held in a Jar. We will not process your payment order until we have received the applicable fee from you.

You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

We may charge you a variable fee during periods of potential heightened volatility or unpredictability in the foreign exchange market, as determined by Wise. We will let you know if this fee is applicable when you set up your order, for more information see here.

Borderless Account Statements and Requesting Account Records in Writing

You have the right to receive an account statement showing your Borderless Account activity. You may view your Wise Account statement by logging into your Wise Account here. All of your Borderless Account transactions (including your balance, uploaded money, and money you have received, converted, sent and/or withdrawn), including related fees and exchange rates, if applicable, are recorded in the statement section of your Borderless Account.

You may access information about all of your Transfers, including related fees and exchange rates, after you have logged into your Wise Account. We have allocated a transaction id number to each transaction, you should quote this transaction id number when communicating with us about a particular transaction.

Closing Your Wise Account

You can close your Wise Account

You may end this Customer Agreement and close your Wise Account at any time by contacting our Customer Support hotline 1-844-926-4389, or by email through our Help Center. You may terminate your Wise Account with us at any time by contacting Customer Support.

At the time of closure, if you still have money in your Borderless Account, you must withdraw your money within a reasonable period of time by following the steps described in Withdrawing or Sending Money above. You must not close your Wise Account to avoid an investigation. If you attempt to close your Wise Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your Wise Account even after it is closed.

Wise can close your Wise Account

Wise, in its sole discretion, reserves the right to suspend or terminate this Customer Agreement, access to or use of its Service websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you and, upon termination of this Customer Agreement, the payment to you of any unrestricted prepaid money held in your Borderless balance.

Reasons we may close your Wise Account include, but are not limited to:

your breach of any provision of this Customer Agreement or documents referred to in this Customer Agreement;
we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;
we have reason to believe you are in violation or breach of any applicable law or regulation; or
we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may also suspend your Wise Account if it has been compromised or for other security reasons; or has been used or is being used without your authorization or fraudulently. See Account Security above for details.

If we close your Wise Account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted prepaid money held in your Borderless Account available for withdrawal. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by Wise, any other Wise customer, or a third party, caused by or arising out of your breach of this Customer Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse Wise, any Wise customer, or a third party for any and all such liability. See Reversals and Chargebacks, and Negative Account Balances.

On termination for any reason, all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

Escheatment

If you do not log in to your Wise Account for two or more years, Wise may close your Wise Account and send your prepaid Borderless Account balance, if any, to your primary address or, if required, escheat (send) your prepaid Borderless Account balance to your state of residency. Wise will determine your state of residency based on the state listed in the primary address for your Wise Account. If your address is unknown or registered in a foreign country, your Borderless Account balance will be escheated to the State of Delaware. Where required, Wise will send you a notice prior to escheating any prepaid money in your Borderless Account. If you fail to respond to this notice, your prepaid Borderless Account balance will be escheated to the applicable state. If you would like to claim any escheated prepaid money from the applicable state, please contact the applicable state’s unclaimed property administrator.

Communications Between You and Us

Wise may communicate with you about your Wise Account and the Services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, three (3) Business Day after we send it or within five days of posting for international post.

We usually contact you via email. For this reason, you must at all times maintain at least one valid email address in your Wise Account profile. You are required to check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this.

In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may, and you agree that we may, also communicate with you via SMS. Any communications or notices sent by Text messages (SMS) will be deemed received the same day.

If you need a copy of the current Customer Agreement or any other relevant document, please contact Customer Support. You may contact us via email, letter or telephone by using the details specified in the “Contact” section of our Website.

Issues that May Occur

Reversals and Chargebacks

If you receive a payment that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is reversed, Wise will refund or reverse the transaction from your Wise Account in the same currency as the original transaction. If your Wise Account balance for a particular currency is insufficient to cover the amount of a refund or reversal, Wise will perform a currency conversion in order to refund or reverse the transaction, subject to the exchange rate being offered by Wise in the applicable currencies at that time. For details about what happens if your Wise Account balance becomes negative, please see Negative Account Balances below.

Payments that are reversed

Payments to you may be invalidated and reversed by Wise if:

Our investigation of a bank reversal (sometimes known as an ACH return) finds that the transaction was fraudulent.
Wise sent the payment to you in error.
The payment was unauthorized.
You received the payment for activities that violated this Customer Agreement, the Acceptable Use Policy, or any other agreement between you and Wise.

When you receive a payment, you are liable to Wise for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.

Chargeback Fees

If you receive a debit or credit card-funded payment through your Wise Account and you (or a third party) pursue a chargeback for the transaction with the card issuer, then Wise may assess you with a chargeback fee (for facilitating the chargeback process) and will remove the charged back funds from your Borderless account including funds held in a Jar.

Negative Balances

If your Wise Account goes into a negative amount, including as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you or a third party, that negative amount represents an amount you owe to Wise and you promise to repay the negative amount immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative amount from you, for example, we may use a debt collection service or take further legal actions. We may charge you for any costs we may incur as a result of these collection efforts.

Error Resolution

You must make sure that the information you provide to us when you send or withdraw money, or convert currency, is accurate. Once a transaction is processed, it cannot be reversed (except where, and to the extent, required by applicable law) and, except as expressly set forth in this Customer Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).

If you believe there to be an error in connection with a transaction or other problem, then you should notify Wise Support through our Help Center or 1-844-926-4389 as soon as possible, but no later than 180 days of the date we disclosed to you that a transaction has been completed.

When you do, please tell us as much of the following information as possible: (1) your name and address; (2) the error or problem with the transaction, and why you believe it is an error or problem; (3) the name of the recipient, and if you know it, telephone number or address; (4) the dollar amount of the transfer; and (5) the transfer number.

What is an Error and how Errors will be addressed by us

Errors in the Case of Transfers

With regard to Transfers sent for personal, family or household purposes, and the payment amount equals or exceeds $15 USD, the following are considered Errors:

You paid an incorrect amount for your currency conversion order;
Wise made a computational error, such as a miscalculation of the amount the recipient received;
The amount stated in the currency conversion order receipt was not made available to the recipient, unless the problem was caused by extraordinary circumstances outside our control;
Funds were available to the recipient later than the date of availability that was disclosed to you on the currency conversion order 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 transfer was made with fraudulent intent; and
The list of Transfers on our Website does not reflect a Transfer that you made; and
You did not receive any confirmation of your Transfer, such as information required to determine if a Transfer occurred.

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.

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, we will offer you 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.

Errors in your Borderless Account

With regard to your Borderless Account, the following are considered Errors:

When money is either incorrectly taken from your Borderless Account or incorrectly uploaded into your Borderless Account, or when a transaction or Transfer is incorrectly recorded in your Borderless Account;
You send money to a third party or withdraw money, and the incorrect amount is debited from your Borderless Account;
An incorrect amount is credited to your Borderless Account;
A transfer to or from your Borderless Account is missing from or not properly identified in your Borderless Account statement;
We make a computational or mathematical error related to your Borderless Account or currency you have converted;
You failed to receive confirmation or periodic statement documents that Wise is required to provide to you;
You failed to receive a confirmation or periodic statement concerning pre authorized (recurring) transfers to your Borderless Account that Wise is required to provide to you;
You request additional information or clarification concerning a transfer to or from your Borderless Account, including a request you make to determine whether an error has occurred;
You inquire about the status of a pending transfer to or from your Borderless Account.

If you believe an Error of the type described above has occurred with respect to your Borderless Account, and you duly contact us in accordance with the information above, we will investigate and determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Borderless Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. For new Borderless Accounts, we may take up to 20 Business Days to credit your Borderless Account for the amount you think is in error. We will tell you the results 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 the documents that we used in our investigation.

Errors in your Payments via Accounts Transaction

For any errors you experience paying in to your transaction and/or funding your transaction, will be treated as an Error in your Borderless Account, and subject to the reporting process delineated above.

For any errors you experience paying out your transaction and/or sending the funds to your recipient once the funds are already in your balance, will be treated as an Error in the Case of Transfers and subject to the reporting process delineated above.

We will rectify any Errors that we discover. If the Error results in:

You receiving less than the correct amount to which you were entitled, then we will credit your Wise Account for the difference between what you should have received and what you actually received.
You receiving more than the correct amount to which you were entitled, then we will debit your Wise Account for the difference between what you actually received and what you should have received.
Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

through no fault of ours, you did not have enough available funds to complete the transaction;
our system was not working properly and you knew about the breakdown when you started the transaction; or
the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

What is not considered an Error

The following are not considered Errors:

If you give someone access to your Wise Account (by giving them your login information) and they use your Wise Account without your knowledge or permission. You are responsible for transactions made in this situation;
Invalidation and reversal of a payment or transaction as a result of the actions described under Reversals and Chargebacks;
Routine inquiries about your Wise Account balance;
Requests for duplicate documentation or other information for recordkeeping purposes;
An inquiry about the status of a currency conversion order (except where the funds from the order were not made available to the recipient by the disclosed date of availability);
A change requested by the recipient of funds sent from you;
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;
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;
Delays based on a review of a potentially high-risk transaction;
Your errors in making a transaction (for example, mistyping an amount of money that you are sending or choosing an incorrect Target Currency).
Delays due to actions of third parties (e.g, your or a recipient's bank)

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Wise Account, you should regularly log into your Wise Account and review your Borderless Account statement and the list of your Transfers on the Website. Wise will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

Wise will protect you from unauthorized activity in your Wise Account. When this protection applies, Wise will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction?

An Unauthorized Transaction occurs when money is sent from your Wise Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Wise Account, and sends a payment from your Borderless Account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are not considered Unauthorized Transactions:

If you give someone access to your Wise Account (by giving them your login information) and they use your Wise Account without your knowledge or permission. You are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the actions described under Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your Wise login information has been lost or stolen, call: 1-844-926-4389, or by email us through our Help Center or write: Wise US Inc.,30 W 26th Street, Floor 6, New York, NY 10010, ATTN: Wise Compliance.

Tell us right away if you believe your Wise login information has been lost or stolen, or if you believe that transactions have been made in your Wise Account without your permission using your login information. You could lose all the money in your Wise Account. If you tell us within 60 days after we provide you your Wise Account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your Wise Account statement shows transfers that you did not make, including those made with your Wise login information or by other means, 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.

Complaints

If you have a question or complaint regarding the Services, please send an e-mail through our Help Center. You may also contact us by writing to Wise US Inc., 30 W 26th Street, Floor 6, New York, NY 10010, ATTN: Wise Compliance, or by calling us at 1-844-926-4389. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

In addition to reporting complaints against Wise directly to Wise as described in the paragraph above, if you are a California resident, you may direct complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your Wise Account and the Services by email. To make such a request, send a letter to: Wise US Inc., 30 W 26th Street, Floor 6, New York, NY 10010, Attention: Compliance Department. Include your email address, and your request for that information by email.

Florida residents may direct complaints to: Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762 to make complaints.

New York residents may direct complaints to regulatory authorities at: Consumer Assistance Unit, NYS Department of Financial Services, One Commerce Plaza, Albany, NY 12257; 1-877-BANK-NYS (1-877-226-5697); http://www.dfs.ny.gov/consumer/fileacomplaint.htm.

Technology

Linking to Our Website

You may link to our Website, provided that you comply with the terms and conditions of this Customer Agreement, and follow certain rules. You may link to our Website, provided:

you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
you do not suggest any form of association, approval or endorsement on our part where none exists;
you do not frame our Website on any other site;
you do not refer to any of our Services as “banking” services; and
the website linking to our Website complies with our Acceptable Use Policy.

We reserve the right to revoke such linking permission without notice and for any reason.

Wise App

In consideration of you agreeing to abide by the terms of this Customer Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Customer Agreement and the Appstore Rules. We reserve all other rights. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Customer Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Wise in accordance with this Customer Agreement. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Customer Agreement and, upon your acceptance of the terms and conditions of this Customer Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Customer Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Customer Agreement is not subject to the consent of any third party.

Wise API

If you access our Services via our API, we grant you a non-transferable, non-exclusive license to use our API subject to this Customer Agreement. We reserve all other rights.

Information Security

Please see Account Security above for further details on how to keep your Wise Account safe. See also Protection from Unauthorized Transactions.

You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services, or our Website, our servers, computers or databases. You must not attack the Services, including via our Website with any type of denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030). We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use our Website and/or our Services will cease immediately without notice, and you must immediately cease all such access and use.

Third Party Materials

Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any 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) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

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).

Wise’s Rights

Limitation on Wise’s Liability, Indemnity and Release

In this section, we use the term “Wise” to include Wise US Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

In no event shall Wise be liable for lost profits or for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of business, loss of security of any information or other materials (including unauthorized interception by third parties of any information or other materials), even if advised in advance of the possibility of such damages or losses, however arising, including negligence, unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.

In addition, to the extent permitted by applicable law, Wise is not liable, and you agree not to hold Wise responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services; (2) delays or disruptions in our Website software, API, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or any website or service linked to our websites, software or any of the Services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Wise Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Customer Agreement or any other Wise policy.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Wise and its affiliates, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your or your authorized third parties use of, or activities in connection with, the Services; and (b) any violation or alleged violation by you of this Customer Agreement or applicable law.

Release

If you have a dispute with any other Wise Account holder or a 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.

Service Availability

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 have the right to 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 (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

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.

Insolvency Proceedings

If any type of bankruptcy or insolvency proceeding (e.g., a proceeding commenced under any provision of the United States Bankruptcy Code) is commenced by or against you, we’ll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Customer Agreement or objections that we supply information in connection with such proceeding.

Intellectual Property

“Wise.com,” “Wise,” and “Borderless,” are all logos related to the Services that are either trademarks or or Wise’s licensors. You may not copy, imitate, modify or use them without Wise’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Wise. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Wise 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 Services or display them in any manner that implies Wise's sponsorship or endorsement. All right, title and interest in and to the Wise websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Wise and its licensors.

Miscellaneous Translation of This Customer Agreement

Any translation of this Customer Agreement is provided solely for your convenience and is not intended to modify the terms of this Customer Agreement. Only the English language of the Customer Agreement version is an official version. In the event of a conflict between the English version of this Customer Agreement and a version in a language other than English, the English version shall control.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Governing law and Agreement to Arbitrate

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Customer Agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Customer 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.

Wise is a payment service provider

Our relationship with you under this Customer Agreement with you is as a payment service provider, and Wise is an independent contractor for all purposes. Wise is not your agent or trustee.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Wise a written notice by mail, e-mail or fax, requesting that Wise remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Wise a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Wise as follows: By mail to Wise Legal Counsel, 30 W 26th Street, Floor 6, New York, NY 10010; by e-mail to legal@wise.com.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Wise Account or 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.

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, a country on a U.S. sanctions list 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.

Other Information About this Customer Agreement

You may not transfer or assign any rights or obligations you have under this Customer Agreement without Wise's prior written consent. Wise may transfer or assign this Customer Agreement or any right or obligation under this Customer Agreement at any time.

Each of the paragraphs of this Customer Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

Our failure to act with respect to a breach of any of your obligations under this Customer Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Customer Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.