Customer Agreement
Wise US Inc.
Last updated: 4 February 2026 - Version 1.0
Welcome to Wise
This Customer Agreement applies to our products and Services. It describes the rights and obligations of you and us and forms a legally binding contract between you and Wise when you register and use our services such as sending money to your friends and family or holding a balance with us.
IMPORTANT THINGS TO KNOW
- This Agreement contains a Dispute Resolution provision, at Section 28, which waives jury trials and class actions and allows either you or Wise to choose to have a dispute resolved in arbitration on an individual basis. You may opt out of arbitration within 21 days of opening your Account by following the instructions in Section 28.2.9.
- You must be at least 18 years old to use our services and when you do, you are agreeing to these terms. If you don’t agree you must not use our Services.
- You can access and use our Services via our website or App or through social media, API or an authorized third party.
- Our Princing Page shows all our fees. You’ll always see our fees upfront.
- There are certain types of business and transactions we do not support.
- These are known as ‘restricted activities’ and we tell you about them in our Acceptable Use Policy. You must read this carefully to make sure you do not carry out any of these activities. If you do, we may stop you from using our Services.
- When you use our Money Transfer service you might be doing business with another Wise entity depending on the currency. These Wise entities and the currencies that apply are listed here.
- Your profile and Wise Account are for your personal use, you must keep your security details safe and not allow anyone else to use our Services on your behalf.
- We might suspend your access to our Services if we think your profile or Wise Account might be compromised, you engage in a restricted activity or we believe you may have or will violate any applicable laws.
- If you have a complaint about our Services, please follow our Customer Complaint Procedure.
- We hope you enjoy using Wise, but if you want to stop using our Services or close your Wise Account you can contact Customer Support.
Contents
You may go directly to any selection by selecting the appropriate link provided. The headings and sub-headings are for reference only. Some capitalized terms have specific definitions in the Glossary. Underlined words in this Agreement contact hyperlinks to further information.
1. About This Customer Agreement
2. Glossary
3. Who We Are and How To Contact Us?
4. Our Services Under This Agreement
5. Who Can Use Our Services?
6. Getting Started
7. Staying Safe While Using Our Services
8. Limits on How You Can Use Our Services
9. Closing Your Wise Account, Stopping Your Use of Wise, or Withdrawing Consent to Receive Communications Electronically
10. How Much Will You Pay?
11. Currency Conversion
12. Information About Your Wise Account
13. Withdrawing Funds From Your Wise Account
14. Reversals and Chargebacks
15. Maintaining Your Wise Account
16. Jars
17. Using or Spending Funds in Your Wise Account via Direct Debits
18. Sending Money
19. Paying For Your Money Transfer
20. Processing Your Money Transfer
21. Intellectual Property Rights
22. Wise App
23. Third Party Materials
24. Our Responsibility for Loss or Damage
25. Our Right to Make Changes
26. Complaints
27. General but Important Terms
28. Dispute Resolution
1. About This Customer Agreement
1.1 Who this Agreement Applies to. This Customer Agreement is a contract between you, as an individual (“you”) and Wise US Inc. (“Wise/us/we”), which defines the terms and conditions on which we provide our Services to you (the “Agreement”). This Agreement refers to and incorporates by reference additional documents (the “Additional Documents”), which also apply to your use of our Services, including:
This Agreement refers to and incorporates by reference additional documents (the “Additional Documents”), which also apply to your use of our Services, including:
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(a) Our Acceptable Use Policy, which sets out the allowed and restricted uses of our Services;
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(b) Our Pricing Page, which sets out our pricing and how it works;
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(c) Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us; and
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(d) Our Electronic Communications Policy, which describes how Wise delivers communications to you electronically.
1.2 Acceptance of Terms. By using our Services, you confirm that you accept and agree to this Agreement in its most current form as posted on our Website, App or by an API Partner. If you do not agree, you must not use our Services.
1.3 Non-USD Transfers. When paying for a Money Transfer in a currency other than US Dollars (USD), you may be doing business with a different Wise entity as listed here. In those cases, your money will be held in accordance with the regulations and licenses applicable to such entities.
1.4 Precedence of Terms. Where there are any differences between this Agreement, the Additional Documents, or information we provide on our Website, App or via an API Partner, the terms in this Agreement will take priority.
1.5 Additional Terms for Certain Services. To receive some of our Services, such as our Assets products, you may be asked to agree to additional terms and conditions which we will tell you about before you use that service.
1.6 How this Agreement Applies to You. If you only use our Services to make Money Transfers or maintain a profile with Wise without a Wise Account, then you agree to this Agreement each time you use our service in this way. When you open a Wise Account, this Agreement applies to that Wise Account while the Wise Account is open.
1.7 Future Changes. We may update this Agreement as set out in Section 25 ‘Our Right to Make Changes.’
1.8 Availability. You can always see the most current version of this Agreement on our Website. If you would like a copy of this Agreement, you can contact Customer Support.
2. Glossary
2.1 In this Agreement, capitalized words are defined in parenthesis within the Agreement or Additional Documents, have the meaning set out below:
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API means the application programming interface provided by Wise, for example, through an API Partner.
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API Partner means a business we have partnered with for Wise to offer our Services through their website, mobile application or similar.
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App means our mobile application software, the data supplied with the software, and the associated media.
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Business Day means a day other than a Saturday, Sunday, or a Federal holiday in the United States when Wise is open for business.
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Card means a card issued on a Wise Account by the bank on the back of your card.
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Chargeback means the person sending you the money has made a claim to their bank or payment provider that money was sent to you illegitimately, or the payment to Wise fails due to insufficient funds, account closed or any other reason.
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Day means a calendar day.
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Direct Debit means an instruction from a customer to their payment service provider authorizing collection of varying amounts from the customer’s account, if the customer has been given advance notice of the collection amounts and dates under the Automated Clearing House System.
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Group(s) or Group Spending means a feature designed for Wise customers who wish to share and spend their finances with other Wise customers, such as friends and family.
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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.
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Jar(s) means a sub account within the Wise Account that can be used to segregate a portion of your funds.
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Money Transfer also called Send Money, means a direct transfer of funds paid by you, without using funds in your Wise Account, to a designated recipient that is sent using Wise. In some currencies, you may only be able to convert and send funds using your Wise Account and cannot make a direct Money Transfer. See our guide here.
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Reversal means the funds received by you are reversed, returned, or clawed back for any reason. For example, due to insufficient funds or account closure.
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Services means all products, services, content, features, technologies, or functions offered by us and all related websites, applications (including the App), and service models (including the Website and via an API Partner), and including the Wise Account, the currency conversion, and Money Transfer offerings.
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Website means any Wise webpage, including but not limited to www.wise.com, where we provide the Services to you.
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Wise Account means a business multi-currency account held by customers at Wise, which may include a Jar.
3. Who We Are and How To Contact Us?
3.1 Company Information. Wise US Inc. is a company incorporated under the laws of Delaware. Our registered office is located at 30 W 26th Street, Floor 6, New York, NY 10010. This office is for Wise employees only and is not publicly open to you or any other customers or members of the public.
3.2 Licensing. 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 US states, we only offer services in conjunction with our partner financial institution(s). The terms and conditions governing those services are located here.
3.4 How to Contact Us. You can contact us by email, web chat, by calling 1-844-926-4389, by logging into your Wise Account, or through our Help Center.
USING OUR SERVICES
4. Our Services Under This Agreement
4.1 Overview. Each of our Services works slightly differently, here we provide an overview of the services covered by this Agreement and the terms that apply to all the Services under this Agreement. You should carefully read the section of the Service you intend to use:
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(a) Converting Currency. You can convert one currency to another either as a Money Transfer, using your Wise Account or spending on your Card.
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(b) Your Wise Account. Wise Account is a multi-currency account that allows you to hold, spend, send, and receive money as well as convert currency. Where possible you may also have a Card.
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(c) Money Transfer. You don’t need to have a Wise Account to send money. You can carry out a Money Transfer when you log into Wise subject to our terms.
5. Who Can Use Our Services?
5.1 Age Requirement. You must be an individual and at least 18 years old to use our Services.
5.2 One Wise Account and One profile. You may only open one Wise Account and one profile.
5.3 Transacting on Your Own Account. All activities under a Wise Account or Wise profile shall be considered activities conducted by you. You agree to only use the Services to transact on your own account and not on behalf of any other person or entity. You must not allow others to access or use the Services or your Wise Account on your behalf.
6. Getting Started
6.1 Using Our Services. To start using our Services, you must create a profile and provide certain information as prompted by us.
6.2 Accurate Information. All information you provide to us must be complete, accurate and truthful. You must update this information whenever it changes. We cannot be responsible for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
6.3 Customer Due Diligence Checks. We are required by law to conduct certain security and customer due diligence checks on you to provide any Services to you and allow you to have and maintain a Wise Account. Sometimes, we might also need to perform checks on other parties involved in a particular transaction (for example, on your recipient).
6.4 Disclosure. We will disclose information to third parties about your account or the transfers you make: (i) where it is necessary for completing transfers, or (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) in order to comply with government agency or court orders, or (iv) if you give us your written permission, or (v) as otherwise necessary to fulfill our obligations under this Agreement.
6.5 Important Information about Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law, under the USA PATRIOT ACT, requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. This means that when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
6.6 Information Requests. You agree to comply with any request from us 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 to us, including checking commercial databases or credit reports. In the event that we need to obtain your credit report, we will contact you regarding permission prior to requesting the report. You agree we may disclose certain information about you, including your name, residential address, and date of birth to a credit reporting agency to obtain a credit report for these purposes.
6.7 Account Restrictions. Wise reserves the right to close, suspend, or limit access to your Wise Account or our Services in the event we are unable to obtain or verify any information related to you or your transaction.
6.8 Additional Features. Wise may offer additional features to enhance your Wise Account from time to time, such as connections to third party accounting software. We may stop offering those at any time without prior notice to you.
7. Staying Safe While Using Our Services
7.1 General Guidance. We recommend you use the Services to send money to friends, family and trusted and verified businesses and third parties that are known to you or that you have already done business with. You should be cautious when sending money to the recipients you don’t know and have never dealt with before.
7.2 When accessing your Wise Account or profile, you should at a minimum do the following:
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(a) Change your password regularly and ensure that it is not reused for other online accounts.
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(b) Never share your login details with anyone else. This includes the membership number, password or other security credentials. If you suspect that your account may be accessed by someone else, contact Customer Support. We will never ask you for your password.
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(c) Always use strong passwords, for example ones that use a mixture of letters, numbers, and symbols. Here is recommended guidance you can follow.
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(d) Set up 2-step authentication, if applicable.
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(e) Keep your email account secure. You may reset your password using your email address. Let Customer Support know immediately if your email account becomes compromised.
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(f) Regularly update the App on your device to the latest version available.
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(g) Regularly update your device’s browser to the latest version available.
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(h) Maintain your device’s operating systems with regular security updates provided by the operating system provider.
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(i) Install and maintain the latest anti-virus software on your device, where applicable.
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(j) It is essential to ensure every time you are entering your Wise username and password that it is only ever on our official App (downloaded from the iOS or Android store) or if via a browser, at wise.com. Emails and SMS messages sent by fraudsters may lead to fake login portals that could phish your login information and 2-step authentication details. Similarly, criminals can place malicious adverts on search engines that lead to fake websites of trusted businesses, including Wise. More information on how to avoid falling for phishing scams can be found on our website here.
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(k) If you suspect you have become a victim of a scam, contact our Customer Support.
7.3 You must NOT:
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(a) Disclose your login credentials or your 2-step authentication details to anyone. You must keep them safe.
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(b) Let anyone access your Wise Account or profile, or watch you accessing it, including letting someone else take remote control of your device(s).
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(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
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(d) Do anything which may in any way avoid or compromise the 2-step authentication process.
7.4 Additional Services. Extra Services you use may have additional security requirements and you must familiarize yourself with those.
7.5 Your Responsibility. You are responsible for ensuring that your information technology, computer programs and platform is configured to access our Services. We cannot guarantee that our Services will be free from bugs or viruses.
8. Limits on How You Can Use Our Services
8.1 Personal Purposes. You may only use our Services for personal purposes and not as a business account or for business purposes. If you require a product or Service dedicated to business activities, you can open a Business Account with Wise.
8.2 You Must Not Misuse Or Systems. You must not misuse our systems by:
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(a) Introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful.
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(b) Taking any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or attacking our Website, App or API with any type of denial-of-service attack.
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(c) Using an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers.
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(d) Interfering, disrupting, or attempting to interfere or to gain unauthorized access to our Website, software, API, systems (including any networks and servers used to provide any of the Wise Services) operated by us or on our behalf, any of the Wise Services or other users’ use of any of the Wise Services.
8.3 You Must Not Misuse Our Services. You must not misuse our Services by:
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(a) Breaching this Agreement, Additional Document, or any other agreement between you and any Wise entity.
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(b) Violating any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising).
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(c) Infringing Wise’s Intellectual Property.
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(d) Acting in a manner that is defamatory, libellous, threatening or harassing.
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(e) Providing false, inaccurate, or misleading information.
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(f) Sending or receiving what we believe to be potentially fraudulently gained funds.
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(g) Refusing to cooperate in an investigation or provide confirmation of your identity or any information requested by us.
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(h) Attempting to “double dip” during a dispute or claim by receiving or attempting to receive funds from both Wise and a third party (e.g., a merchant), bank or card issuer for the same transaction.
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(i) Using Wise’s Services in a manner that results in or may result in:
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i. complaints to or about Wise.
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ii. requests by third parties to invalidate payments made to you.
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iii. fees, fines, penalties or other liability or losses to Wise, other Wise customers, third parties or you.
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(j) Using our Services in a manner that Wise, a card network or any other electronic funds transfer network believes to be an abuse of the card system or a violation of card association or network rules.
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(k) Allowing your Wise Account to have a negative balance.
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(l) Accessing the Wise Services from a country that Wise is not permitted to operate.
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(m) Taking any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers.
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(n) Circumventing this Agreement or any Additional Document or Wise policy or determinations about your Wise Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions:
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i. Attempting to open a new or additional Wise account(s) or profile(s) when an account has a negative balance or has been restricted, suspended, or otherwise limited.
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ii. Opening new or additional Wise Accounts or profiles using information that is not your own (e.g., name, address, email address, etc.), or using someone else’s Wise Account.
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iii. Harassing, being abusive towards and/or threatening Wise employees, agents, or other customers.
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v. Abusing a card network dispute resolution process.
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8.4 Account Restriction. We may suspend your Wise Account or your access to our Services. We may suspend your Profile or Wise Account, or restrict its functionality if we have reasonable concerns about:
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(a) the security of your Wise Account or your profile.
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(b) suspected unauthorized or fraudulent use of your Wise Account or our Services; or
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(c) suspected violations of this Agreement or the Additional Documents, including our Acceptable Use Policy.
8.5 Informing You on Account Restriction. We will 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 soon after, unless notifying you would be unlawful or compromise our reasonable security measures.
8.6 Actions We May Take if You Misuse Our Services or Systems. If we believe that any of the activities listed in this Section 8 have been taken by you, we may take several actions to protect Wise, its customers and others, at any time and at our sole discretion. The actions we may take include, but are not limited to, the following:
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(a) terminating this Agreement immediately.
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(b) suspending your Wise Account or your profile, during which time your Wise Account and profile will remain open but is not able to be operated or may be subject to restrictions, or you may not be able to use our Services, until we remove the suspension;
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(c) closing your Wise Account and terminating your access to our Services, which means your Wise Account is deactivated and/or your profile will not be available, without notice, and without penalty to us.
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(d) reporting suspected breach of law, regulation, or criminal statute to the relevant law enforcement authorities, and we will cooperate with those authorities, including by disclosing your identity to them.
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(e) refusing to provide our Services to you or your businesses or affiliates in the future.
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(f) limiting your access to our Website, App, software, systems (including any networks and servers used to provide any of the Wise Services) operated by us or on our behalf, your Wise Account or any of the Services, including limiting your ability to pay, convert or send money with any of the payment methods linked to your Wise Account, restricting your ability to send money or make withdrawals.
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(g) holding the balance in your Wise Account if reasonably needed to protect against the risk of liability or if we reasonably believe you have violated our Acceptable Use Policy, to the extent permitted by law.
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(h) contacting your bank or credit card issuer, other impacted third parties, or law enforcement about your actions.
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(i) updating inaccurate information, you provided us.
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(j) taking legal action against you, including seeking damages and reimbursement for losses and fees.
8.7 Court Orders. If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with court order, applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Wise Account, placing a reserve or limitation on your Wise Account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement, or other legal process requires otherwise, we will attempt to notify you of these actions using the contact information that you have provided to us. We do not have an obligation to contest or appeal any court order or legal process involving you, your Wise Account, or your use of our Services. When we implement a hold, reserve, or limitation because of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve, or limitation may remain in place as long as reasonably necessary, to the extent permitted by law.
9. Closing Your Wise Account, Stopping Your Use of Wise, or Withdrawing Consent to Receive Communications Electronically
9.1 Terminating Account. You may stop using Wise and/or close your Wise Account at any time. This Agreement continues until your Wise Account is terminated. You may close your Wise Account and/or end your ability to use our Services at any time by following the steps provided by us on our Website, App or via an API Partner.
9.2 Timely Withdrawal. If you want to close your Wise Account, you should withdraw your funds within a reasonable time. You must withdraw your funds before your Wise Account closes. At the time of closure, if you still have funds in your Wise Account, you will no longer have access to them, but you can still withdraw your money by contacting Customer Support.
9.3 Escheatment. Your Wise Account will be considered dormant if, for a continuous period of three (3) to five (5) years, depending on laws of your state of residence, you have not logged in, sent funds, received funds, or conducted other transactions that post to your Wise Account. If your account is considered dormant, Wise may deactivate or close your Wise Account. If you have funds in your deactivated or closed Wise Account and it is not reactivated prior to the escheatment period, the funds will be escheated (sent) to your state of residency. Wise will attempt to send you a notice prior to escheating any funds in your Wise Account. 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 Wise Account balance will be escheated to the State of Delaware. If you would like to claim any escheated prepaid money from the applicable state, please contact the applicable state’s unclaimed property administrator.
9.4 Additional Checks on Remaining Funds. After closure or deactivation of your Wise Account, you may be subject to additional checks before Wise is able to return the funds back to you.
9.5 Impermissible Reasons for Account Closure. You must not close your Wise Account or delete your profile to evade an investigation (either by Wise or an enforcement agency) or if you have a pending transaction or an open dispute or claim. If you attempt to do this, we may hold your money for a period that is reasonably necessary to protect our or a third party’s interest. We may also prevent your account from being closed or delete your profile if you have a negative balance or if your Wise Account is subject to a hold, limitation, or reserve.
9.6 You Are Responsible For Your Wise Account After Closure. You agree that you will continue to be responsible for all obligations related to your Wise Account and your use of our Services, even after it is closed, or you have stopped using our Services. For example, if you have a negative balance with Wise, you will remain responsible for paying us even after your Wise Account is closed and/or you have deleted your profile. For more information, see Section 24.10 “What Happens if You Owe Us Money.”
9.7 Notice Termination. We may end this Agreement by giving you notice. We may terminate this Agreement and close your Wise Account or any Services associated with it at any time upon notice to you.
9.8 You Cannot Use the App if This Agreement Ends. 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.
9.9 Withdrawing Consent to Receive Communications Electronically. You may withdraw your consent to receive Communications electronically at any time through our Help Centre or by writing to: Wise US Inc., 30 W 26th Street, Floor 6, New York, NY 10010, ATTN: Wise Compliance. Should you choose to withdraw consent to receive Communications electronically, Wise will move forward with closing your account, which will be closed once all funds have been dispersed from the account. After consent is withdrawn, you will not be eligible to use our services. If you wish to reactivate your account and consent to electronic Communications, contact the Help Centre.
10. How Much Will You Pay?
10.1 Fees Incurred. Fees Incurred. Registering for Wise and/or opening a personal Wise Account is free. You may incur a fee when you use parts of our Services such as sending money, converting currencies, getting a card, or receiving wire payments. You can find out more information about the fees we charge on the Pricing Page.
10.2 You Must Pay Our Fees. We may not process your transaction(s) or provide any other Services to you until we have received the fees from you. Our fees do not include any fees that an API Partner, your bank, the recipient’s bank or other third party may separately charge. You can find out more information about the fees we charge on the Pricing Page.
10.3 You Can See Our Fee Structure on the Pricing Page. The fees set out in our Pricing page will be applicable to you when you use our Services and forms part of this Agreement. 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. It is important that you read and agree to these fees before you use our Services. We may make changes to our fees as set out in “Our right to make changes”.
You can find a list of Wise's fees on the Wise Short Form Disclosure and Wise Long Form Disclosure as required by the Consumer Financial Protection Bureau. Additionally, for Send Money transactions, Wise’s fees are outlined on the Combined Disclosure.
10.4 We Can Make Deductions for Amounts You Owe Us. You agree that we are authorized to deduct our fees, any applicable Reversal amounts, or any amounts you owe us from your Wise Account, including negative Wise Account balances and funds held in a Jar. If you don’t have sufficient funds in your Wise Account to cover these amounts, we may refuse to execute pending or future transactions or provide any Services to you and may deduct funds sent to us for Services in the future.
10.5 Taxes Are Your Responsibility. You are responsible for any taxes which may be due by you because of your use of our Services, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
10.6 API Partner Fees. An API Partner may charge a fee for the convenience of using our Services via the API Partner. This fee is set by the API Partner and is separate to any fees charged by Wise for your transaction(s). Wise may collect this fee on behalf of an API Partner.
CONVERTING CURRENCY
11. Currency Conversion
11.1 Our Services include the ability to convert currencies, for example:
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(a) As part of a Money Transfer.
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(b) In your Wise Account, when you add money in one currency and then later use those funds to send money to a third party, spend money on your Card or withdraw money in a different currency.
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(c) In your Wise Account, when you hold a balance in one currency and then convert it to a different currency.
11.2 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, USD to EUR, USD to AUD) that is offered by Wise, which is typically provided by a reference rate provider and usually the mid-market exchange rate. We may change our reference rate provider from time to time without notice to you.
11.3 Different Reference Rates. For some currencies, we do not use the mid-market exchange rate, including where we are required by law to use a different reference rate for the exchange rate for your currency pair. For these currencies we will notify you of the exchange rate offered by Wise when you initiate a current conversion.
11.4 Timing of Currency Conversion. We may not process your currency conversion order until we hold or have received the funds and specified fees. It is your responsibility to ensure money that you fund a currency conversion order (whether through your Wise Account, as part of a Money Transfer or any other Service we provide) 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. You can find a list of Wise's fees on the Wise Short Form Disclosure and Wise Long Form Disclosure as required by the Consumer Financial Protection Bureau. You can find out more information about the fees we charge on the Pricing Page.
11.5 Refusing a Currency Conversion Order. We reserve the right to refuse any currency conversion order if the conditions set out in this Agreement have not been met. Reasons for refusal may include but are not limited to incorrect information about a recipient, insufficient available funds, or where we believe you may have violated this Agreement, including where we believe you are or may be attempting to engage in currency trading or other trading for purposes not permitted by this Agreement. We will endeavor to notify you of any refusal, using the contact information that you have provided to us, 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.
11.6 Confirmation of Currency Conversion Order. Each currency conversion order is given a unique transaction number which is shown in the order confirmation and transaction history. You should quote this transaction number when communicating with us about a particular currency conversion order.
YOUR WISE ACCOUNT
12. Information About Your Wise Account
12.1 About your Wise Account:
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(a) Your Wise Account allows you to hold, spend, send, and receive funds and convert currency.
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(b) The funds held in your Wise Account do not expire.
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(c) The funds held on your Wise Account that are not opted-in to our interest feature may not earn any interest or return.
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(d) You may hold your funds in any currencies that we support.
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(e) You may withdraw funds from your Wise Account at any time subject to certain conditions, please see section 13 ‘Withdrawing Funds from your Wise Account’ for more details.
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(f) The funds held on your Wise Account belong to you as the registered Wise Account holder.
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(g) You may not place a charge or other form of security over your Wise Account.
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(h) We may place certain limits on your Wise Account depending on your country of residence, verification status or other legal considerations. You can contact our Customer Support team for more information about these limits.
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(i) We may at our sole and absolute discretion reject a requested transaction, or refund a payment or other transaction, for any reason whatsoever, including without limitation, where the value of your Wise Account could directly or indirectly exceed any value permitted under the applicable laws and regulations or any other regulatory or risk limit prescribed for that Wise Account.
12.2 Wise is Not a Bank, and your Wise Account is Not a Bank Account. Money you hold with Wise, in any currency, is not automatically insured by any deposit protection scheme, including the Federal Deposit Insurance Corporation (FDIC). Wise holds funds held by its customers in permissible investments in accordance with applicable laws. Wise owns the interest or other earnings on these investments, if any. However, although Wise is not a Bank, eligible customers that opt-in to the “interest feature” will have their United States Dollar (USD) funds held in their Wise account “swept” into a FDIC insured, interest bearing account at one or more of our participating banks. For more information on FDIC insurance coverage, check www.fdic.gov. Customers that do not opt-in to the interest feature, are not eligible for FDIC insurance.
12.3 Account Details. When Wise provides you with Account Details (as described further below), these Account Details are a means to receive funds from third parties into a bank account held by Wise and its affiliates. Wise can credit your Wise Account when you use these Account Details, and they are not a bank account number for a bank account held by you.
12.4 How We Protect Your Money. As Wise is not a bank, we use safeguarding to protect your money. This is done in accordance with the laws and regulations governing Wise as a licensed money transmitter. Wise keeps your money in the name of Wise in established financial institutions. Your money is deposited in USD into dedicated and segregated accounts held by us with our safeguarding institutions. We may change our safeguarding institutions from time to time, without notice to you. You can find out more about how we safeguard your money in the Help Center.
12.5 Adding Money to Your Wise Account. To add funds to your Wise Account, you need to log in to your Wise Account and follow the steps. You may be presented with one or more methods of adding funds to your Wise Account. For example, you may be able to use a bank transfer, authorize Wise to debit the money from your bank or payment account with a third party, or use a credit card or debit card (in this Agreement, we will call these methods “Pay-in Methods”). Any Pay-In Method that you use to add money to your Wise Account must be in your name.
12.6 Funding Your Money Transfer and Wise Account With Direct Debit. If you choose to pay for a Money Transfer or to add funds to your Wise Account by using the 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 pay using Direct Debit 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.
12.7 Direct Debit Authorization. When you choose to pay using Direct Debit, 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 scheme 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. You can find out more information about the fees we charge on the Pricing Page.
12.8 Direct Debit Reversal. In the event that your Direct Debit payment results in a Reversal, Wise will try to take the payment from your bank account again. For example, if there isn’t enough money in your account when we try to take the payment, we may attempt to debit it again. Wise is not liable for overdrafts at your bank or financial institution.
12.9 Pay-in Methods. The Pay-in Methods made available to you will depend on a few factors including where you live and your verification status with us. You will see the available Pay-in Method when you choose to add funds to your Wise Account. We cannot guarantee the availability of any particular Pay-in Method, Wise will notify you at least twenty-one (21) days before the effective date should Wise offer fewer Pay-In methods.
12.10 Adding Money With Your Debit or Credit Card. Where you can use a debit or credit card as your Pay-in Method to add money to your Wise Account, you will need to provide your card details to us. This will include your card number and cardholder name. When you choose to add 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 provider and that you have the authority to initiate a debit or credit card payment in the amount at issue from your card account. You authorize us to initiate credits and debits to your bank account through card payment networks in order to process your transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are able to use our Services, unless canceled in accordance with this Agreement. You will need to pay any fees incurred from adding money by using your debit or credit card. You can find out more information about the fees we charge on the Pricing Page.
12.11 Chargebacks on Your Pay-in Method. If you select a Pay-in Method which can be subject to chargeback (for example a credit card), you agree that you will only exercise this chargeback right if:
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(a) We have breached this Agreement; or
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(b) There was an unauthorized use of your Pay-in Method, meaning that you did not execute or authorize the payment. You agree that you will not exercise your chargeback right for any other reason. In serious circumstances, including where there are unusually high or frequent amounts of chargebacks, we may close your Wise Account.
12.12 Restrictions on Adding Money. We only offer the Pay-In Methods you see when you access our Services. Other methods, such as a paper check or e-check, and cash will not be accepted. For legal, security, or other reasons, there may be financial limits on your chosen Pay-in Methods or currencies, including how much you can add to your Wise Account. We will let you know at the time of adding money if there is a limit.
12.13 Receiving Money to Your Wise Account. In certain currencies, we may provide you with local account details that you or a third party can use to send money directly to your Wise Account (“Account Details”). The Account Details that we provide to you are only a means to receive funds from third parties into a bank account held by Wise and its affiliates, so that Wise can credit your Wise Account that is held at the Wise entity described in the beginning of this Agreement (regardless of currency) and are not a bank account number for a bank account held by you.
12.14 Account Details Information. We may carry out verification checks when you request Account Details in addition to the checks required to obtain a Wise Account, and we may carry out further checks on an ad-hoc basis. From time to time your Account Details may change. When this occurs, we will notify you, and you are responsible for updating third parties and other arrangements you may have to receive funds using your Account Details. Wise is not responsible for issues that arise when Account Details are changed, and it is your responsibility to notify third parties that your Account Details have changed.
12.15 When Money Received is Shown in Your Wise Account. Any money you receive into your Wise Account will be recorded in your transaction history. You should check and confirm the receipt of incoming funds in your Wise Account regularly and let us know if there are any irregularities or discrepancies.
12.16 When We Will Credit Your Wise Account. We are not responsible for the funds you have added until we have received them. For clarity, when you add funds to your Wise Account, we are the recipient of those funds. This means the bank or payment service provider you used to send the funds to us is the one responsible for making sure we receive them so that we can credit them to your Wise Account. We will credit your Wise Account once we have received your funds. For some Pay-in Methods such as a credit or debit card, we may credit the funds before we receive the funds subject to our Right of Reversal. This means if we credit your Wise Account for the full amount you intended to add but this amount does not reach us, we will deduct that amount from your Wise Account. If you have already spent the funds, this could make your Wise Account have a negative balance (see Section 24.10 “What happens if you owe us money”).
12.17 Adding Money by Direct Debit (ACH Pull). If you choose to add money using the automated clearinghouse (“ACH”) 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 add money using 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 add money using this method, 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.
12.18 Adding Money by Wire or ACH Push. If you choose to add money using ACH push (e.g., an ACH transfer from a non-Wise Account that you initiate) or domestic wire transfer, then your transaction order will remain inactive until we receive your funds to our specified account. In cases where for any reason the transaction is canceled or refused, then we will return the deposit to your bank account from which the transfer originated. In the event that we are unable to return the deposit, then we will contact you using the most current contact information in your Wise Account.
12.19 NACHA Compliance. The ACH services provided by Wise are performed in accordance with the National Automated Clearing House operating rules and guidance (the “Rules”). By authorizing Wise to initiate ACH transfers for you, you warrant each requested entry is supported by a valid authorization and adheres to the Rules. You further agree that your use of the ACH services complies with applicable law. Wise may audit, suspend, or terminate access to the ACH services for any breach of the Rules, this Agreement, or any origination agreement.
13. Withdrawing Funds From Your Wise Account
13.1 You Can Request to Withdraw Your Funds. You may withdraw all or some of the balance in your Wise Account. We may charge you a fee for each withdrawal request, we will let you know the exact amount when you submit your request. You can also find out more information about the fees we charge on the Pricing Page. You can find a list of Wise’s 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.
13.2 Pay-out Methods Available to You. You may be presented with one or more methods of withdrawal (in this Agreement, we will call these methods "Pay-out Methods"). The number of Pay-out Methods made available to you will depend on a few factors including where you live and your verification status with us. If a Pay-Out method will no longer be offered, Wise will notify you at least twenty-one (21) days prior to removal of the Pay-Out method.
13.3 You Must Provide Correct Information to Us. When setting up your withdrawal request, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient because of incorrect information provided by you.
13.4 What Happens If You Provide Incorrect Recipient Information. If you have provided incorrect information to us, we will use reasonable efforts to recover the amount that was to be received by the designated recipient. We cannot guarantee that such efforts will be successful as they rely on the policies and practices of other banks and institutions. In addition, Wise may not be able to confirm that your recipient’s name and account number match, as the names and other information associated with third party accounts may not be known to Wise. This means that if you provide an incorrect account number, your funds will most likely go to the wrong account.
13.5 Your Withdrawal Request is Subject to Limits. You agree that your Wise Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request or we may require you to provide additional documents to us so that we can carry out additional checks before allowing the money to be withdrawn.
13.6 Delays in Withdrawal. We may delay a withdrawal in certain situations, including, but not limited to, if we need to confirm that the withdrawal has been authorized, to complete verification checks, or if other payments to your Wise Account have been reversed (for example, because of a chargeback or Reversal). We cannot be held responsible for any such delays, to the extent permitted by law.
13.7 Finality. Pay-outs, currency conversions, Card, or other transactions executed by us are final and irrevocable once you request them, unless otherwise provided in this Agreement or pursuant to applicable law.
14. Reversals, Chargebacks, Unauthorized Transactions and Error Resolution
14.1 Funds Added or Received to Your Wise Account May Be Subject to Reversal or Chargeback. Funds added to your Wise Account or received amounts to fund your Money Transfers could be Reversed or subject to a chargeback, which means that you will not get those funds credited to your Wise Account or to your Money Transfer. A Reversal or chargeback may occur where the funds added to your Wise Account or to your Money Transfer are Reversed by Wise or Reversed to or subject to a chargeback by the person paying you the money or the payment provider.
14.2 When a Reversal or Chargeback May Happen. You may be liable for and/or have funds reversed or be subject to a chargeback when, without limitation, we have reason to believe:
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(a) Wise, or any other party, sent the amount received to you in error.
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(b) The amount received was unauthorized or fraudulently undertaken or induced.
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(c) The amount received was received for activities that appear to have violated a law, this Agreement, the Acceptable Use Policy, or any other agreement between you and Wise.
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(d) The amount received is, for any reason, reversed by the sender or a payment provider.
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(e) Any other error that may result in your Wise Account being credited in circumstances where you are not the lawful recipient and/or lawfully entitled to retain the amount received.
14.3 Actions Taken When a Reversal or Chargeback Occurs. If any funds are Reversed by the sender or any payment provider, you agree that Wise may refund, deduct, or Reverse the amount of the funds plus any fees from your Wise Account (if applicable) in the same currency as the original transaction. If your Wise Account balance for the relevant currency is insufficient to cover the amount of a refund or Reversal, Wise may at its discretion perform a currency conversion to refund or Reverse the transaction, subject to the exchange rate being offered by Wise in the applicable currencies at that time. If a Reversal or chargeback causes you to have a negative balance, you will be immediately liable to Wise for the negative balance plus any losses to Wise, if any.
14.4 Chargeback Fees. If you receive a debit or credit card-funded payment into your Wise Account and you (or a third party) pursue a chargeback for the transaction with the card issuer, then Wise may apply a fee in accordance with our Pricing Page, for facilitating the chargeback process and will remove the chargeback funds from your Wise Account, including funds held in a Jar.
14.5 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).
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(a) If you believe there to be an error in connection with a transaction or other problem, then you must notify Wise Support through any method listed below:
- Support@wise.com or,
- Call Customer Support 1-888-908-3833 or,
- Write to: Wise US Inc., 30 W 26th Street, Floor 6, New York, NY 10010 ATTN: Wise Compliance.
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(b) For Send Money transactions greater than $15 where money is being sent internationally (“remittance transfers”), notify us as soon as possible, but no later than 180 days of the date we told you the money would be available to the recipient.
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(c) For all other transactions, you have up to 60 days to report an error. The 60 days start from whichever happened first:
- the first day you could see the error in your online account history, or
- the day we sent the first written statement that shows the error.
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(d) When you do, please tell us as much of the following information as possible:
- (1) your name and phone number or address;
- (2) the error or problem with the transaction, 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.
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(e) What is an Error and how Errors will be addressed by us.
Errors related to Send Money: With regard to Transfers sent for personal, family or household purposes, the following are examples of errors, note errors are not limited to the examples below:
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You paid an incorrect amount for your currency conversion order, due to an error made by Wise at the time the transfer was executed;
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Wise made a computational error, such as a miscalculation of the amount the recipient received;
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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;
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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
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The list of Transfers on our Website or Mobile App does not reflect a Transfer that you made; and
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You did not receive any confirmation of your Transfer, such as information required to determine if a Transfer occurred.
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(f) For Send Money transactions deemed as remittance transfers: After we receive your information, we’ll investigate and decide within 90 days whether an error occurred. We’ll notify you within 3 business days of our investigation being completed. If we find no error, or an error different from the one you described, we’ll provide a written explanation and explain how to request the documents we relied on.
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(g) For all other transactions: Upon receiving all information required to report an error, we’ll decide within 10 business days whether an error occurred and correct it as soon as possible. If we need more time, we may take up to 45 days.
If we expect the investigation to take up to 45 days, we’ll add a provisional credit to your account within 10 business days. This will be for the amount you believe is in error, so you can use the funds during the review.
If we ask you for written confirmation and don’t receive it within 10 business days, we may not provide this credit.
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(h) Special circumstances (foreign, POS, and new accounts): For errors involving new accounts (where the transfer to or from the account was made within 30 days after the first deposit to the account), point‑of‑sale debit card transactions, or foreign‑initiated transactions, we may take up to 90 days to investigate.
For new Wise Account issues, we may take up to 20 business days to credit your account for the disputed amount.
We’ll notify you within one business day after we complete our investigation. If we don’t find an error, we’ll send a written explanation. You can request copies of the documents we used.
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(i) Errors in your Wise Account
With regard to your Wise Account, the following are considered Errors:
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When money is either incorrectly taken from your Wise Account or incorrectly uploaded into your Wise Account, or when a transaction or Transfer is incorrectly recorded in your Wise Account;
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You send money to a third party or withdraw money, and the incorrect amount is debited from your Wise Account, due to our error;
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An incorrect amount is credited to your Wise Account, due to our error;
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A transfer to or from your Wise Account is missing from or not properly identified in your Wise Account statement;
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We make a computational or mathematical error related to your Wise Account or currency you have converted;
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You failed to receive confirmation that Wise is required to provide to you;
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You failed to receive a confirmation concerning pre authorized (recurring) transfers to your Wise Account that Wise is required to provide to you;
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You request additional information or clarification concerning a transfer to or from your Wise 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 Wise Account.
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(j) Errors in your Payments via Accounts Transaction
For any errors you experience paying into your transaction and/or funding your transaction, will be treated as an Error in your Wise 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:
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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.
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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.
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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:
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through no fault of ours, you did not have enough available funds to complete the transaction;
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our system was not working properly and you knew about the breakdown when you started the transaction; or
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the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.
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(k) What is not considered an Error
The following are not considered Errors:
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Invalidation and reversal of a payment or transaction as a result of the actions described under Reversals and Chargebacks;
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Routine inquiries about your Wise Account balance;
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Requests for duplicate documentation or other information for recordkeeping purposes;
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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);
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A change requested by the recipient of funds sent from you;
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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;
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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;
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Delays based on a review of a potentially high-risk transaction;
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Your errors in making a transaction (for example, mistyping an amount of money that you are sending or choosing an incorrect Target Currency);
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Delays due to actions of third parties (e.g, you or a recipient's bank).
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14.6 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 Wise 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.
14.7 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 Wise Account, an Unauthorized Transaction has occurred.
14.8 What is not considered an Unauthorized Transaction
The following are not considered Unauthorized Transactions:
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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.
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Invalidation and reversal of a payment as a result of the actions described under Reversals and Chargebacks.
14.9 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 be liable for the full amount of the unauthorized transaction. If you tell us within 60 calendar 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 extenuating circumstances (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
15. Maintaining Your Wise Account
15.1 Transaction History is Displayed on Your Wise Account. All your transactions (including your current balance, funds you have added, received, sent and/or withdrawn), related fees and exchange rates, if applicable, are recorded in the statement section of your Wise Account. Wise does not furnish periodic statements, however:
(1) You can call Wise at 1-888-908-3833 to determine your account balance.
(2) An electronic history of your account transactions, covering at least 12 months preceding the date you electronically access the account, is available through the app or Website.
(3) A written history of your account transactions will be provided promptly in response to an oral or written request that covers at least twenty-four (24) months preceding the date Wise receives your request.
15.2 Statements. You have the right to request a physical account statement showing your Wise Account activity by contacting Customer Support. You may view your Wise Account statement by logging into your Wise Account. You may be able to view your Wise Account in a way that some of your transactions are hidden. This is to allow you to isolate transactions from recipients to determine your spending with those recipients. You will need to readjust your viewing preferences if you have used this feature to default to see all transactions.
15.3 Check Your Wise Account Regularly. You must check your Wise Account regularly and carefully and contact our Customer Support team immediately if you don’t recognize a transaction or think we have made a payment incorrectly. You must tell us about any unauthorized or incorrectly executed transactions immediately and no later than thirteen (13) months after the transaction date from when you become aware of the unauthorized transaction.
15.4 You Accept the Risks of Holding Funds in Multiple Currencies. You agree and accept all the risks associated with maintaining an account that can hold balances in multiple currencies including any risks associated with fluctuations in the relevant exchange rates over time.
15.5 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.
15.6 We Are Not a Currency Trading Platform. Wise is not a currency trading platform. You agree that you will not use your Wise Account for seeking to profit from currency conversion or foreign exchange trading or other types of speculative trading, or for speculative trading purposes, conversion arbitrage, conversion options or any other activity that Wise determines is primarily for the purpose of gaining or making gains based on currency conversion rates.
15.7 Other Impermissible Uses. 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. If we detect that you are using our Services for this purpose, we may, at 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 access certain features or use our Services, or suspend or close your Wise Account. Wise may also hold, cancel, or reverse any transaction we determine to violate this policy and disgorge your gains.
15.8 Negative Balances. You promise to always have a zero or positive balance in your Wise Account and to repay Wise if your Wise Account balance is negative, including because of a chargeback, Reversal, deduction of fees, any other error, or any other action. That negative amount represents an amount you owe to Wise, and you must repay the negative amount immediately without any notice from us. We may send you reminders or take other 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. For more information, see Section 24.10 “What Happens If You Owe Us Money”.
16. Jars
16.1 What is a Jar? You may use Jars to keep funds for a designated purpose in the future, such as paying invoices or to assist with your budgeting. You can only put funds into your Jar by moving money from a balance in your Wise account. 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 unrestricted money in your Wise Account to cover all anticipated fees. Wise is not responsible for fees resulting from unfunded transactions due to funds being in a Jar.
16.2 What is Not a Jar? Jars are not savings accounts and they do not have their own account numbers. Money held in Jars could earn interest if you opt into our interest feature. The funds may also carry pass-through FDIC insurance up to $250,000 through our partner Bank. Restrictions apply. Visit wise.com/us/interest/ for additional details.
17. Using or Spending Funds in Your Wise Account via Direct Debits
17.1 Direct Debit. You can set up a Direct Debit to allow someone else (the payee) to take money from your Wise Account. This is an agreement between you and a third party, and you may agree to allow such automatic withdrawal on a recurring or sporadic basis. Examples of automatic payments that can be arranged by you include, but are not limited to, those that may be called a “billing agreement,” "subscription," "recurring payment,” “reference transaction,” "preauthorized transfer" or "preapproved payment."
17.2 Direct Debit Refunds. Direct Debits must be canceled at least one (1) business day before they are due; otherwise, the Direct Debit might still go through. Direct Debits are collected from your Wise Account based on consent you have given in the past. Businesses are expected to tell you the amount of any merchant initiated payment before they collect it. If you believe a Direct Debit has been taken from your account in error, refer to the Error Resolution guidance above.
17.3 Cancelled Direct Debit. Once your Direct Debit is canceled on your Wise Account, all future automatic payments under your instruction or agreement with that third party will be stopped. If you cancel a Direct Debit, you may still owe a third party for any goods or services that you receive but have not paid for.
17.4 Recurring Direct Debit. If you have given advance authorization, either to a third party or to Wise, that permits the third party to take or receive payments from your Wise Account on a regularly recurring basis (for example, every month or otherwise on a routine cycle), and if such payments will vary in amount, you have the right to advance notice of the amount and date of the Direct Debit from the third party, typically 3 days before the Direct Debit is made. If the third party provides the option, you may choose to receive this advance notice only when the amount of your automatic payment will fall outside a range established between you and the third party.
17.5 Currency Conversion for Direct Deposit. If you have authorized a Direct Debit and Wise performs a currency conversion for an automatic Direct Debit transaction, Wise will use the exchange rate offered at the time the transaction is processed.
MONEY TRANSFERS
18. Sending Money
18.1 Information You Need to Provide to Set Up a Money Transfer. To set up a Money Transfer, you will 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 information and the amount and currency that you are sending.
18.2 Password and Consent. You will need to sign into your Wise Account using all relevant passwords and prompts to carry out a Money Transfer transaction. We will view your use of all relevant passwords and prompts as the giving of your consent to us to make a Money Transfer.
18.3 Payment Order Limits. We may place limits on the amount you may send per Money Transfer. You can see more information in the Help center. Remember, you use our Money Transfer services, you might be doing business with another Wise entity depending on the currency you are sending. You will be subject to that entity’s customer agreement for that Money Transfer.
19. Paying For Your Money Transfer
19.1 How to Pay For Your Money Transfer. To pay for your Money Transfer, you need to access your Wise Account or profile, by logging in on our Website or App or via an API Partner, and follow the steps provided.
19.2 Payment Methods. You may be presented with one or more methods of paying for a Money Transfer (for example, a bank transfer, a credit or debit card or a Wise Account balance). The number of payment methods made available to you will depend on a few factors including where you live and your verification status with us. We cannot guarantee the availability of a particular payment method, we will notify you at least twenty-one (21) days prior to Wise no longer offering a payment method.
19.3 Payment Instruments Must be in Your Name. Any payment instrument (for example, the credit card or debit card or bank account from which you make a transfer) you use to pay for a Money Transfer must be in your name.
19.4 Paying With Your Debit or Credit Card. Where you can pay for a Money Transfer using your 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 pay with a 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 credits and debits to your bank account through card payment networks to process your transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are able to use our Services, unless canceled in accordance with this Agreement.
19.5 Scheduled Transfers. You may set up remittance transfers in advance and on a recurring basis. If you have scheduled a transfer in advance, the exchange rate and fees may be estimated.
19.6 Sufficient Funds. You need to provide us with sufficient funds, after you set up your Money Transfer, before we can process it. We are not responsible for the funds you have sent us until we have actually received them. We may only process your Money Transfer if we hold or have received sufficient cleared funds in accordance with this Agreement and the instructions provided. If you send us funds before finalizing a Money Transfer order, those funds will either be placed into your Wise Account, or, if you do not have one, we will attempt to return them to you. It is your responsibility to fund your Money Transfer 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.
20. Processing Your Money Transfer
20.1 When We Will Complete Your Money Transfer. We will complete your Money Transfer once we have received your funds, although there could be delays. For some payment methods such as a credit or debit card, we may send your Money Transfer as soon as possible.
20.2 Guaranteed Rates. We may provide you with a guaranteed foreign exchange rate for a period. We will notify you of the guaranteed rate and the period during which we are offering that rate (the “Guaranteed Period”) when you create your Money Transfer.
20.3 Guaranteed Periods are subject to the following conditions:
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(a) The Guaranteed Period may be extended if your Money Transfer is created over the weekend or on a public holiday.
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(b) We must receive sufficient funds from you during the Guaranteed Period to convert your funds at the guaranteed rate. You will see when we have received your funds in your Wise Account or profile. Wise is not responsible for the failure of a third party to send your funds to us in a timely manner.
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(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 may email you and ask you if you want to proceed with your transfer at the new exchange rate.
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(d) If the Wise exchange rate changes by 5% or more during the Guaranteed Period, we can, at our discretion, suspend your transfer for a reasonable period or cancel your transfer and refund the money to you.
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(e) For certain currencies, including where you are paying for a Money Transfer with Japanese Yen (JPY), the guaranteed rate will only be offered after your address has been verified by us.
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(f) We may change these guaranteed rate conditions or suspend the guaranteed rate feature at any time.
20.4 The Wise Exchange Rates. We will confirm the available exchange rate (if applicable) for your Money Transfer:
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(a) when you place your Money Transfer, if it is a guaranteed rate Money Transfer; or
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(b) when we have received your payment, if it is a non-guaranteed rate Money Transfer.
20.5 Chargebacks on Your Payment Instrument. If you selected a payment method which can be subject to chargeback (for example a credit card), you agree that you will only exercise this chargeback right if:
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(a) we have breached this Agreement; or
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(b) there was an unauthorized use of your payment instrument, meaning that you did not execute or authorize the payment.
20.6 Consequences of Chargebacks. You agree that you will not exercise your chargeback right for any other reason, including a dispute with a recipient. If we need to investigate or take any actions in connection with a chargeback caused by or related to you, we may charge you for our costs in doing so and may deduct those costs from your Wise Account (if you have one) or limit or remove your access to our Services. See Section 24.10 ‘What happens if you owe us money’.
20.7 When We Receive Your Request. If your Money Transfer request is received by us after 5pm EST time on a Business Day or on a day that is not a Business Day (e.g., a weekend or bank holiday), your Money Transfer will be deemed received on the following Business Day.
20.8 What Happens After You Have Submitted Your Money Transfer Request. Once we have received your Money Transfer request, we will provide you with a unique transaction number which you can find in your Wise Account or profile. You should quote this number when communicating with us about a particular Money Transfer or other transaction.
20.9 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 by following the steps set out for them in an email that they will receive. 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 recipient checks within a reasonable period as determined by us.
20.10 Delay in Transfer. We may delay processing a Money Transfer in certain situations, including if we need to confirm that the transaction has been authorized by you, because of verification checks or due diligence reviews, or if other payments to your Wise Account have been reversed (for example, because of a Chargeback or Reversal). Wise is not responsible for such delays, where we have acted reasonably.
20.11 Completion Time of Your Money Transfer. The estimated completion time of your Money Transfer will be provided to you when setting up your Money Transfer.
20.12 Timely Delivery of Funds. We will use reasonable efforts to ensure funds arrive at your recipient’s account within the timeframe provided. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the notified timeframe provided 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 funds available to the recipient.
20.13 Refusal of Your Money Transfer. If we are unable to complete your Money Transfer, we will let you know and, when 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.
20.14 Canceling Money Transfers. You may cancel your Remittance Money Transfer orally or in writing within thirty (30) minutes after making payment. When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including your name and address and the amount and location where the funds were sent. We will refund your money within three (3) business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into an account of the designated recipient.
20.15 Customers in California and Washington. You have the right to cancel a Money Transfer order for personal use 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. In each case, Money Transfer orders should be canceled from the Website or App. If you cannot cancel from the Website or App, you can contact us by telephone at 1-888-908-3833. You can also contact us through the Help Centre. If you contact us to cancel, you must provide us with information to help us identify the Money Transfer order that you wish to cancel, including (i) your name, address and telephone number; (ii) the name of the person receiving the funds; (iii) the dollar amount of the order; and (iv) the intended destination location. We will issue a refund within three Business Days of receiving 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.
20.16 When Will I be Notified of My Scheduled Money Transfer? If you have scheduled a Money transfer in advance then we will 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.
20.17 You Must Ensure the Information You Provide to Us is Correct. You must make sure that the information you provide when setting up a Money Transfer 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.
20.18 What Happens if You Provide Us With Incorrect Information? If you have provided incorrect information to us, we will make reasonable efforts to recover the amount that was to be received by the recipient. We cannot guarantee that such efforts will be successful as they rely on the policies and practices of other banks and institutions. In addition, Wise may not be able to confirm that your recipient’s name and account number match, as the names and other information associated with third party accounts may not be known to Wise. This means that if you provide an incorrect account number, your funds will most likely go to the wrong account.
20.19 Finality. When you make a Money Transfer, the settlement and payout to the recipient are final and irrevocable unless otherwise provided in this Agreement or pursuant to applicable law.
21. Intellectual Property Rights
21.1 General. All rights, title and interest in and to any software (including without limitation the App, the Website, the API, developer tools, sample source code, and code libraries), 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, including content of the Website, 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.
21.2 How You Can Use Wise Materials. While you are using our Services, you may use the Wise Materials only for your personal use unless you have received written permission from us and solely as necessary to enjoy our Services. Subject to your compliance with this Agreement and your payment of any applicable fees, Wise grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or make personal use of the Wise Materials and Services. Any use of the Wise Materials and Services not specifically permitted under this Agreement is strictly prohibited. The licenses granted by Wise terminate if you do not comply with this Agreement or any other service terms.
21.3 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:
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(a) use any of the Wise Materials for any commercial purpose or otherwise infringe our intellectual property rights.
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(b) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Wise Materials to any person or entity.
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(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.
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(d) modify, copy, tamper with or otherwise create derivative works of any software included in the Wise Materials; or
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(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.
21.4 Wise Trademarks. This is a non-exhaustive list of Wise Trademarks : “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 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.
21.5 Other Trademarks. 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.
22. Wise App
22.1 The App is Subject to This Agreement and the App Store and Google Play Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any app store provider or operator whose sites are located at the App Store and on Google Play. We do not sell the App to you. We always remain the owners of the App.
22.2 App Updates. 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.
22.3 Your Right to Use the App. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Agreement. We reserve all other rights.
22.4 App Store Terms. 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”):
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(a) Apple is not a party to this Agreement and does not own and is not responsible for the App.
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(b) Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it.
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(c) 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.
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(d) 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 Agreement.
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(e) The licence you have been granted herein is limited to a non-transferable licence 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.
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(f) Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Notwithstanding this, our right to enter, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party, including Apple.
23. Third Party Materials
23.1 General. Certain Website, App or API functionality may contain or provide you access to information, products, services, and other materials by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links.
23.2 No Ownership, Control, or Affiliation. 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, App or API at any time. In addition, the availability of any Third Party Materials through the Website, App or API 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.
23.3 No Relationship with Third Parties. 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).
OTHER LEGAL TERMS
24. Our Responsibility for Loss or Damage
24.1 Unforeseeable Loss or Damage. 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, for example, if you discussed it with us during your sign up process.
24.2 Lawful Liability Caps. 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.
24.3 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.
24.4 We Are Not Liable For Technological Attacks. We will not be liable for any loss or damage caused by a virus, or other technological issues or attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.
24.5 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.
24.6 Monitoring Account. You are responsible for checking your Wise Account or Profile regularly. We rely on you to regularly check the transactions history of your Wise Account or Profile and to contact Customer Support immediately in case you have any questions or concerns.
24.7 We Are Not Liable For Certain Losses. We will not be liable in the following instances:
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(a) If through no fault of ours, you do not have enough funds available for your Money Transfer or in your Wise Account to complete the transaction.
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(b) If a merchant refuses to accept your Card.
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(c) If an ATM where you are making a cash withdrawal does not have enough cash.
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(d) If an electronic terminal where you are making a transaction does not operate properly.
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(e) If access to your Card has been blocked after you reported your Card lost or stolen or if Wise has reason to believe that your Wise Account was compromised.
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(f) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use.
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(g) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.
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(h) Any other exception stated in this Agreement.
24.8 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 because of things which are outside our control, including but not limited to severe weather, mass power outages, or war.
24.9 You Are Liable if You Breach 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 User’s 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.
24.10 What Happens if You Owe Us Money. In the event you are liable for any amounts owed to us for whatever reason, we may immediately deduct such amounts from your Wise Account (if available). If there are insufficient funds in your Wise Account to cover your liability or you do not have a Wise Account, you agree to repay the outstanding amount to us immediately on demand along with any applicable fees and interest. If you do not repay the outstanding amount, then, without prejudice to any other rights we may have, including the right to close your Wise Account under Section 9, we reserve the right to collect your debt to us by using any payments received for our Services in the future (such as to fund a Money Transfer or your Wise Account), 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, using a debt collection agency or at our sole discretion bring a claim against you in accordance with Section 28.
24.11 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 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. This means that you must use caution when dealing with third parties when using our Services.
24.12 Release Waiver. In entering 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.
24.13 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.
24.14 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. You are responsible for making all arrangements necessary for you to have access to our Services.
25. Our Right to Make Changes
25.1 We May Change This Agreement. You and we agree that we may change this Agreement. If we change the Agreement in a way that reduces your rights or increases your responsibilities, we will provide you twenty-one (21) days prior notice. This notice will be provided either by email or displaying a notice in the App or in our Webpage. If we do this, you can terminate this Agreement immediately by closing your Wise Account or profile and ceasing use of our Services during the notice period (see section 9 “Closing Your Wise Account, Stopping Your Use of Wise, or Withdrawing Consent to Receive Communications Electronically”). If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
25.2 In Some Instances, We May Change This Agreement Immediately. Notwithstanding section 25.1, changes to this Agreement which do not require prior notice are (1) more favorable to you; (2) required by law; (3) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice provided by email or displayed in the App or in our Webpage. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change. See section 28.2.8 for information on changes to the arbitration provision.
26. Complaints
26.1 If you have a question or complaint regarding our 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.
26.2 In addition to reporting complaints against Wise directly to Wise as described in the paragraph above, if you are a California residents, you may direct complaints to the California Department of Financial Protection and Innovation by mail at Department of Financial Protection and Innovation, Attn: Consumer Services, 651 Bannon Street, Suite 300, Sacramento, CA 95811 or online through its website at https://dfpi.ca.gov/submit-a-complaint/. The California Department of Financial Protection and Innovation 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.
26.3 Florida residents may direct complaints to: Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, FL 32399, or by telephone at 1-800-342-2762 to make complaints.
26.4 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.
27. General but Important Terms
27.1 No Third Party Rights. This Agreement is between you and us. Except as expressly provided in this Agreement (for example in the App Store terms), 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 to end or make any changes to this Agreement.
27.2 Assignment. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all your rights and obligations under this Agreement (including the Wise Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Wise Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Wise Account under section 9.
27.3 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.
27.4 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 taking certain action, it will not prevent us from taking steps against you at a later date.
27.5 Entire Agreement. This Agreement supersedes and extinguishes all previous agreements between you and Wise, whether written or oral, relating to its subject matter.
27.6 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, 19 W 24th Street, New York, NY 10010; by e-mail to legal@wise.com.
27.7 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.
27.8 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.
28. Dispute Resolution
28.1 Summary. This part of the Agreement outlines how disputes between you and Wise will be resolved. Either you or Wise can choose to arbitrate a dispute. An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award, but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding, and it is subject to very limited review by courts. If you don’t want to agree to arbitration, Section 28.2.9 explains how to opt out.
In this section 28 only, references to "we" and "us" mean Wise US, Inc. and its past, present, and future parents, subsidiaries, affiliates, as well as each of these entities’ predecessors, successors, assigns, agents, and employees. And this section 28 continues to apply even if this Agreement is terminated or your Account is closed.
28.2 Arbitration.
28.2.1 Claims Subject to Arbitration. You and we agree to arbitration for all disputes or claims between you and us, regardless of legal theory, whether based on past, present, or future events, that arise out of or relate to this Agreement, the Services, or your Accounts (“Covered Claim”), if either you or we elect arbitration of that Covered Claim. This agreement to arbitrate is intended to be broadly interpreted. By agreeing to arbitrate, you and we each waive the right to a trial by jury or to participate in a class or representative action.
If a Covered Claim is asserted in court, either you or we may elect arbitration in writing, including in an answer or other responsive pleading or motion.
28.2.2 Claims Not Subject to Arbitration. Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo to a court of general jurisdiction. In addition, disputes over the scope and enforceability of section 28.2 or whether a dispute can or must be arbitrated can only be decided by a court, unless you and we agree to arbitrate that issue. Moreover, a claim by either party for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights may only be brought in court.
28.2.3 Commencing Arbitration. To commence arbitration, the claimant files a Demand for Arbitration with JAMS. Demands for Arbitration by you should be sent to 30 W 26th Street, Floor 6, New York, NY 10010, ATTN: Legal Department ("Notice Address"). Demands for Arbitration by us will be sent to you at the last known email address you provided to us. JAMS’s mailing address and instructions for filing Demands for Arbitration online instead of by mail may be found on its website at www.jamsadr.com.
28.2.4 Arbitration Procedure. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Rules”), in effect at the time the arbitration commences, as modified by this section 28.2. (If JAMS is unavailable or unwilling to administer arbitrations consistent with this arbitration provision, another arbitration provider shall be selected by the parties or by the court.) The JAMS Rules are available online at www.jamsadr.com or by writing to the Notice Address.
Both parties have the right to discovery. Discovery shall consist of an exchange of all documents and exhibits that the party intends to use at the hearing in support of that party’s claims and defenses, as well as a list of witnesses intended to testify at the hearing, along with the subjects of their anticipated testimony. The arbitrator may allow limited and reasonable additional discovery to the extent the arbitrator deems necessary to provide for a fundamentally fair process, with consideration to the expedited nature of arbitration and the need to ensure that the cost and burden of discovery is commensurate with the amount in controversy.
Any pre-hearing conferences and the arbitration hearing will take place by telephone or videoconference, unless the arbitrator finds good cause for an in-person hearing. If so, the hearing will take place in the county of your address on file with your Wise Account, unless the parties agree or the arbitrator determines that another location is appropriate. The arbitrator must allow either party to file a dispositive motion (such as a motion to dismiss or for summary judgment).
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Except as provided in section 28.2.6 below, the arbitrator shall apply the same substantive law that a court would apply and can award the same individualized remedies (including punitive and statutory damages and statutory attorney's fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in arbitrations involving different customers, but an arbitrator’s ruling (including in a bellwether proceeding under section 28.2.7 below) will not be binding or have preclusive effect in proceedings involving different customers. Unless prohibited by applicable law, the merits arbitrator or process administrator may impose any sanctions available under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate parties or counsel.
28.2.5 Arbitration Fees. The payment and allocation of fees charged by JAMS or the arbitrator (“JAMS Fees”) will be governed by the JAMS Rules. If applicable law requires a different allocation of JAMS Fees for this arbitration provision to be enforceable, then that law shall be followed. You and we agree that arbitration should be cost effective for all parties, and either party may engage with JAMS to seek fee reductions or to defer fees.
28.2.6 Requirement of Individual Arbitration. The arbitrator may award relief (including damages, restitution, and declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, except as specified in section 28.2.7, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief and proceedings or on consolidation are found to be unenforceable, then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.
28.2.7 Coordinated Arbitrations. If 25 or more claimants seek to file arbitrations raising similar claims and are represented by the same counsel or counsel working together (a “Mass Filing”), the JAMS Mass Arbitration Procedures and Guidelines will apply. In addition, all cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings, as set forth below. You agree to this process even though it may delay the arbitration of your claim.
This section 28.2.7 is intended to facilitate the efficient and orderly resolution of Mass Filings. If any requirement of this section 28.2.7 has not been met, the parties agree that a court can enjoin the filing or prosecution of arbitrations and, unless prohibited by law, even absent a court order as contemplated above, the arbitration administrator shall not accept or administer the arbitrations nor demand fees in connection with such arbitrations. Similarly, any claimants who dispute whether their claims are part of a Mass Filing or otherwise subject to the requirements of this section 28.2.7 may ask a court to resolve that dispute. If neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with, or applicability of, the requirements of this section 28.2.7 and seek appropriate relief in arbitration, including from a process administrator.
In the first stage, claimants’ counsel will provide us with written notice of the claimants, their claims, and the email addresses and phone numbers associated with their Wise accounts. Then, we and claimants’ counsel will each select up to 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators (unless the parties agree otherwise or there are an insufficient number of arbitrators available) (“Bellwether Arbitrations”). In the meantime, no other cases may be filed or proceed in arbitration, and the arbitration administrator must not accept or administer them or assess fees. The arbitrators are encouraged to resolve the Bellwether Arbitrations within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties.
In the second stage, after all the Bellwether Arbitrations are complete, the parties must engage in a single global mediation of all remaining cases. We will pay the mediation fee. If your case was not selected for a Bellwether Arbitration, all statutes of limitations or contractual limitations periods for the claims asserted in a written notice to us of your claims (as well as for any defenses or counterclaims) will be tolled between the date of that notice and the completion of the mediation.
For any cases that are not resolved following global mediation, to increase the efficiency of administration and resolution of the remaining arbitrations, JAMS shall (1) administer the arbitration demands in batches of 100 arbitrations per batch (or, if between 25 and 99 individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than 100 arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom JAMS will appoint without soliciting input or feedback from any party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). JAMS shall administer all batches concurrently, to the extent possible.
You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
This section 28.2.7 is intended to be severable from the rest of this arbitration provision. If, after exhaustion of all appeals, a court decides that this subsection or any provision in it is not enforceable, in whole or in part, the unenforceable provision shall be severed, and all of the cases resolved as efficiently as possible, using test cases and/or batched proceedings (to the extent permitted by law) to minimize JAMS Fees. In all events, JAMS Fees will be invoiced as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
28.2.8 Future Changes to Arbitration Provision. If we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject that change by sending us written notice within 21 days of notice of the change to the Notice Address. To be valid, your rejection must (1) include your name, mailing address, and email addresses and phone number associated with your Account; (2) be signed personally by you; and (3) be received by us within 21 days of the first notice of the change.
28.2.9 Right to Reject Arbitration Provision. If you do not wish to arbitrate, you have 21 days to reject section 28.2 by sending a rejection notice to the Notice Address above ("Rejection Notice"). To be valid, a Rejection Notice must: (a) include your name, mailing address, and email addresses and phone number associated with your account, as well as a statement, personally signed by you, that you are rejecting the arbitration provision in section 28.2 of this Agreement; and (b) be received by us within 21 days after the opening of your Account. If an arbitration provision has been added for the first time to the agreement for an existing Account, your Rejection Notice must be postmarked on or before the effective date of that amendment to that agreement. If your Rejection Notice complies with these requirements, section 28.2 will not apply to claims commenced in litigation or arbitration after we receive your Rejection Notice. Rejecting section 28.2 will not affect your other rights or responsibilities under this Agreement. Nor will it affect any other arbitration agreements between you and us, such as arbitration provisions in other contracts between you and us.
28.3 Governing Law, Forum Selection, and Waiver of Jury Trials and Class Actions. To the extent permitted by applicable law, this Agreement and any dispute between you and Wise is governed by federal law and the laws of the state of New York, without respect to its conflict of laws principles. The substantive and procedural provisions of the Federal Arbitration Act govern any arbitration under this Agreement.
Unless you and we agree otherwise, to the greatest extent permitted by applicable law, the state and federal courts in New York, New York will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and we consent to the personal jurisdiction or venue of those courts.
In addition, in any court proceeding, to the greatest extent permitted by applicable law:
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YOU AND WISE KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY.
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YOU AND WISE AGREE THAT ANY COURT ACTION WILL PROCEED ON AN INDIVIDUAL BASIS AND YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. (Nothing in this Agreement prevents you or us from settling claims on a class-wide basis.)