TERMS OF SERVICE &
USER AGREEMENT

Introduction

Cashwise welcomes and thanks all its customers and visitors. This Terms of Service & User Agreement (“Agreement”) constitutes a legal agreement between you (“End User”, “you” or “your”) and Cashwise Inc. Corporation, registered at 251, Little Falls Drive, Wilmington, New Castle County, Delaware 19808 (“Cashwise”, “Corporation”, “we”, “us”, and “our”) and applies to your use of the Cashwise Website/Wallet/Application software (“Cashwise Software”, “Software”), any updates, supplements, and related technology provided by Cashwise and your access and use of our Services.

Cashwise is a fintech company that provides users with seamless day-to-day payments, international remittance services, and bill payments. The application enables access to multiple currency wallets, virtual/physical cards, and a single wallet aggregating various bank accounts. Cashwise is designed explicitly for mobile diasporans, offering a digital banking experience simplifying money movement across borders.

This Application allows you to transfer funds, enter recipient account details, and access information about your account (collectively the “Services”). You must adhere to this Terms of Service & User Agreement in order to utilize the Corporation’s services listed below and any additional services that may occasionally be made available by the Corporation. By creating an account or using the services through CashWise Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, including our Privacy Policy, Terms of Service & User Agreement, Cookies Policy, Fee & ACH Agreement, and Intellectual Property, Copyright, Trademark, Virtual Patent Marking, and Notices Agreement. Throughout this Agreement, End User and CashWise may each be referred to as a “Party” or collectively, the “Parties”.

Acceptance

You accept and agree to be bound by this Terms of Service & User Agreement (including the Policies):

(a) When you Sign Up or Click “Accept” to the Corporation’s Terms of Service & User Agreement/Terms of Service & User Agreement at the time of registering an Account, activating the existing Account, etc. or

(b) Actually, using our Services (in this case, you understand and agree that CashWise will treat your use of our Services as acceptance of Terms of Service & User Agreement. You declare that you are of legal age and have gone through the terms of these Agreements and agree to be bound by this Terms of Service & User Agreement along with other policies/Agreements. You are recommended not to download, access, or use the CashWise Website/Wallet/Application if you do not agree to the terms of this Agreement. If anything has been downloaded from this Application, it should be deleted immediately.

Ownership and reservation of rights

CashWise Inc., a business registered in the State of Delaware and incorporated under the laws of Delaware, USA, is the owner of the software that makes up the website/wallet/application. The CashWise solely owns all rights, title, and interest in and to the CashWise Website, including all materials and contents therein, the CashWise Wallet/Application, which are all protected by intellectual property laws. You are only given a restricted license under this agreement, however, the majority of the rights, titles, and interests are reserved for CashWise and all of its licensors. CashWise grants you a non-transferable, non-exclusive, non-sublicensable, worldwide right and license to install or use the CashWise Software in the form made available through the Website/Wallet/Application for your sole, private, and non commercial use subject to the terms and conditions outlined in this agreement.

Cashwise software (Website/wallet/Application)

The Website/Wallet/Application is owned and licensed exclusively to CashWise Inc. (“CashWise”). The use of the CashWise Software in the form of Website/Wallet/Application and the CashWise Services is provided by CashWise to you as a Licensee subject to the terms contained in this Agreement, and if applicable, the User Account you have with CashWise.

Through the Services, CashWise helps users to transfer money to Nigeria. We are pleased to make the services available to the Users but we also reserve the right to suspend or terminate the Services (or your use of the Services) at any time without notice to you, subject to the Terms of Service & User Agreement and terms of this Agreement. Upon termination of the services, you still continue to be bound by this Agreement and shall remain responsible for all actions, posts, or representations you have made while using the Services. Please remember that you are completely responsible for your use of CashWise’s Services.

Grant of license or permission

According to this agreement, CashWise hereby grants the License a limited, revocable, royalty-free, non-exclusive license to use our website, wallet, or application, and is providing you with the license for using the software. This license is not being given to the Licensee to charge for the distribution of this Software, either to make a profit or recover any costs viz. distribution or media costs.

Restrictions

You understand and agree that neither you nor you shall allow anyone else to :

  • Sell, lease, rent, outsource, license, distribute, assign, disclose, transmit, host, or otherwise commercially exploit the Application or make available the Application to any third party.
  • Make derivative works of, decrypt, modify, disassemble, reverse compile or reverse engineer any component of the Application.
  • Change, remove, or conceal any proprietary notice, such as a copyright or trademark notice of CashWise or its agents, partners, subsidiaries, affiliates, suppliers, or the Application's licensors.

Intellectual property rights

You hereby irrevocably agree that all intellectual property rights, including the copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, trade names, logos, corporate names, domain names, and all goodwill associated therewith (“Intellectual Property Rights”), that are part of the Software and owned by CashWise shall always remain the property of our corporation only. Therefore, nothing in this agreement grants you a license or a right to use any of our intellectual property.

You understand and agree that the license to use our intellectual property rights given to you under this Agreement is restricted, only valid during theTerm of the License granted to you herein, and only as long as the Software is used in its entirety (and not apart from it). As a result, it will be deemed an infringement of CashWise's intellectual property rights if you use any of its rights without the Software or in ways that are not permitted by this Agreement. If you violate any term or condition of this Agreement,

CashWise may assert an unlimited breach of contract lawsuit against you. You must exercise extreme caution to prevent any Software (including any copies of it) from being copied, stolen, misused, or infringed upon. We reserve and shall retain all rights, title, and interest in the Software, including all copyrights and any copyrightable subject matter, trademarks and any patentable subject matter, trade secrets, and any other intellectual property rights, whether registered, unregistered, granted, applied-for, or both now existing or that may be created, relating thereto.

Confidential information

Each party admits and agrees that while carrying out its obligations under this Agreement, it may come into contact with information that is extremely secret and proprietary (“Confidential Information”). A few examples of confidential information, but are not limited to, are computer services or software, trade secrets, know-how, inventions, techniques, processes, programs, schematics, data, financial information, and sales and marketing strategies that fall under this category. Every party acknowledges that it must always keep all such confidential information in the strictest confidence and trust, taking no fewer precautions than it would use to preserve its own confidential information of comparable significance. You acknowledge that you won't reveal any of this information to outside parties.

Modifications to the Website and Application

The website or application, or any service to which it connects, may be changed temporarily or permanently, suspended or discontinued at any time by CashWise, with or without prior notice and without incurring any obligation to you.

Updates to Application

The features and functionality of the Application may occasionally be improved or enhanced by CashWise, which may include patches, updates, upgrades, and other modifications (“Updates”).

Updates to an application may modify or remove specific features and/or operations of the application. You understand and agree that CashWise is under no obligation to: (i) give you any Updates; or (ii) keep giving you access to any specific features and/or functions of the Application.

Furthermore, you acknowledge and agree that all Updates will be (i) regarded as constituting a substantial portion of the Application and (ii) subject to the terms and conditions outlined in this Agreement.

Third-Party Services

The Application may display, include, or offer third-party material, often known as "Third-Party Services," in the form of data, information, apps, and other products and services.

You understand and agree that we shall have no liability for any Third-Party Services, including their quality, legality, correctness, validity, completeness, timeliness, copyright compliance, decency, or any other aspect thereof. In relation to any Third-Party Services, we do not assume and will not be liable to you or any other person or organization. Links to third-party services are only offered for your convenience. Your access and use of these services are at your own risk and in accordance with their terms and conditions.

Your Interactions with other Users

You bear complete responsibility for your interactions and relationships with other users. We reserve the right to monitor any disputes between you and other Users, but we are not obligated to do so. CashWise does not owe any liability/responsibility for your interactions with other users as well as any user's activity, inaction, or omission. CashWise Software Users' disputes must only be handled as conflicts between two independent entities or people; CashWise shall not be held liable for such disputes and will not interfere with CashWise Software Users' ability to resolve them. When any user of the software names CashWise as a party in a dispute, the jury has the authority to instantly strike the name of CashWise upon the filing of an application or motion and an award of attorney's fees and costs in favor of CashWise.

Term and Termination

This Agreement will be in existence until terminated by you or CashWise, who may, in its sole discretion, suspend or terminate this Agreement at any time and for any or no reason, with or without prior notice. If you violate any of the terms of this Agreement, we reserve the right to immediately and without prior notice terminate this Agreement. You may also end this Agreement by giving us written notice of your intent to do so and closing your User Account at any time. We may ask you to provide us with such notice of cancellation by unsubscribing to the CashWise Service using the Application. The termination of this Agreement will in no way affect any of CashWise's legal or equitable rights or remedies in the event that you violate any of your obligations under this Agreement, now or in the future.

Indemnity or Compensation

You agree to protect, hold harmless and indemnify CashWise and its subsidiaries, agents, managers, other affiliates, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from (i) your use of any data transmitted or received by you and access to the Service; (ii) your violation of any terms and conditions of this Agreement; (iii) your breach of any third-party right including but not limited to any privacy, publicity, or intellectual property right; (iv) your violation of rule and regulation or the law of the State of Delaware or foreign country; or (v) any third party's access to and use of the Service using your unique login information, password, or other security code.

No Warranties

The application is being provided to you “AS IS” and “WITH ALL FAULTS”. To the fullest extent permitted by law, CashWise, on its own behalf and on behalf of its agents, affiliates, and each of their individual licensors and service providers, expressly disclaims any and all warranties, whether express, implied, statutory, or otherwise, with regard to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may result from any breach of this Agreement.

Without limiting the aforementioned, CashWise disclaims any warranty or representation that the Application will satisfy your needs, produce the desired results, be compatible with or work with any other software, applications, systems, or services, run without interruption, adhere to any performance or reliability standards, be error-free, or that any errors or defects can be fixed.

Without limiting the foregoing, neither CashWise nor any of CashWise's providers make any express or implied representation or warranty regarding:

  • the operation or availability of the Application, or the information, content, materials, or products included thereon;
  • that the Application will be error-free or uninterrupted; and
  • the accuracy, reliability, or currency of any information or content provided through the Application, or
  • that the Application, its servers, content, or emails sent from or on behalf of CashWise are free of viruses, malicious scripts or other potentially harmful elements. Some or all of the aforementioned exclusions and restrictions may not apply to you because some countries forbid the exclusion or limitation of implied warranties or the limiting of a consumer's statutory rights.

Limitation of Liability

To the fullest extent allowed by law, CashWise and its suppliers will not be responsible for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for lost profits, loss of data or other information, business interruption, personal injury, or loss of privacy) arising out of or in any way connected to the use of or inability to use the Application, third-party software, or third-party content. No matter what losses you may incur, the entire obligation of CashWise and any of its suppliers under any provision of this Agreement, as well as your sole and exclusive remedy for all of the aforementioned, shall be limited to the $100.

All CashWise Software users have a responsibility to download or maintain their records daily. The failure to update one's own record on a daily basis is considered one's own negligence, and one forfeits the right to make any claims against CashWise. Because some states and countries do not permit the exclusion or limitation of incidental or consequential damages, the aforementioned limitation or exclusion might not apply to you.

Severability

In the event that any provision of this Agreement is determined to be void or unenforceable, such provision will be reformed to be valid and enforceable while the remaining provisions of this Agreement will continue in full force and effect.

Waiver

No party's failure or delay in exercising any right or power granted by this Agreement shall be interpreted as a waiver of that right or authority. In case any right or power granted under this Agreement is not exercised in full or is exercised partially does not preclude the exercise of that right or any other right in the future. In case the terms of this Agreement or other terms conflict then this Agreement will take precedence.

Amendments to this Agreement

This Agreement is subject to revision or amendment at any time, at the sole discretion of the corporation. If any change made is significant then we shall give you at least 30 days' notice before the new terms and conditions become effective. It shall be our sole discretion to decide what qualifies as a material change.

If you continue to access or use our Website/Wallet/Application after any amendments or modifications take place, it shall be construed that you agree to be bound by the modified terms. If you do not agree to the revised terms, you are no longer permitted to use the Application.

Compliance with Export Laws

You must comply with the rules and regulations of Export Laws of the United States as well as other countries with jurisdiction over the Software or Documentation to ensure that the Software Product is not (1) directly or indirectly exported in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws.

Privacy Policy

CashWise has prepared a Privacy Policy that outlines how we will handle any personal information you may disclose to us since the privacy of your personal information is extremely important to us. You confirm that you have read and comprehend CashWise’s Privacy Policy by accepting this Agreement. CashWise may change its Privacy Policy at any time by updating the Privacy Policy or by providing any other appropriate notice. If you misplace (or believe someone may have stolen) your log-in information or hello@cashwise.finance at the earliest opportunity.

Binding, Individual Arbitration; Class Action Waiver

READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND FILE A LAWSUIT.

To get your issues addressed quickly and courteously, contact us at hello@cashwise.finance. We understand that sometimes customer service may not be able to resolve the problems of the customers/software users. This Section sets forth the terms and conditions under which “You” and “CashWise” have agreed to resolve any disputes, including (where appropriate) through binding, individual arbitration.

We can settle disputes through arbitration as a form of alternate dispute resolution instead of going to court. Any dispute arising between You and CashWise is arbitrated by a third party in a fair and timely manner (not a judge or jury). The arbitration will be beneficial to you and CashWise.

  • Informal Resolution:In case our customer service fails to address your problem, you and CashWise agree to try to resolve the problem amicably first in order to expedite a resolution and reduce costs for both parties. You and CashWise agree to negotiate any issue/problem between us for at least 30 days (Informal Resolution) in advance. Those informal conversations will begin on the day that You or CashWise receives a written Notice of a Dispute in line with this Agreement. In case there is a dispute with You, CashWise will send a Notice of Dispute to your registered email address and residential address that You have provided to us. CashWise Inc. in the State of Delaware, United States of America, will receive your Notice of Dispute at hello@cashwise.finance.
  • Binding Individual Arbitration:To resolve Disputes between you and CashWise, JAMS and AAA Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or (the “AAA Rules”) will be applied. This indicates that You and CashWise have consented to a dispute-resolution procedure whereby we will submit any Dispute to an impartial (neutral) arbitrator (instead of a judge or jury) who will make the final decision about the resolution of the Dispute. You and CashWise can resolve any disputes amicably and speedily through arbitration through JAMS/ AAA rather than going to court. You may receive the same relief as in court from the arbitrator, but only to the extent required to settle your particular dispute.The arbitrator's ruling is final and can be enforced just like any other court order or judgment, with an exception of limited review by courts under the United States Federal Arbitration Act.
  • Disputes We Agree to Arbitrate:As agreed between you and CashWise all disputes shall be arbitrated individually. The term "Dispute" refers to any disagreement or controversy you have with the CashWise relating to your use or attempted use of CashWise services or CashWise’s services in general, including without restriction the validity, enforceability, or scope of this section viz. binding individual arbitration (except those specifically exempted below).You and CashWise agree to arbitrate all Disputes, regardless of whether they are based on a contract, rule, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or carelessness), or any other legal or equitable ground.The sections of Informal Resolution and Arbitration do not apply to (1) Individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law permits; (3) an action to compel or uphold any prior arbitration decision; (4) CashWise’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration is pending; and (5) claims of piracy, creation, distribution, or promotion of Cheats, and infringement of intellectual property, and (6) the enforceability of below mentioned Class Action Waiver clause.You and CashWise agree that the arbitrator, not the court, shall have the authority to determine whether a dispute arising under this Agreement is subject to arbitration.
  • Arbitration Procedure:Visit the JAMS/AAA website to review the arbitration rules and directions to initiate the arbitration as per JAMS/AAA Rules. To start an arbitration, the initiating party must send a copy of the “Demand for Arbitration” to the opposing party and submit a “Demand for Arbitration” to JAMS/AAA (available on its website). A copy of this communication will be sent to hello@cashwise.finance in the USA. A copy of your application will be sent by CashWise to both your registered email address and any billing addresses you have specified.The arbitration will be handled by a single JAMS/AAA arbiter who has extensive knowledge and experience in resolving commercial contract and intellectual property disputes. The arbitrator will be bound by the terms of this Agreement, as agreed upon by you and CashWise. The arbitration will take place in English. If the hearing in person is necessary or required, it will occur in the State of Delaware.An arbitrator will decide how to resolve the dispute (rather than a judge or jury). Any judgment or award shall be in writing and shall set forth the arbitrator's essential factual/legal findings and conclusions, the arbitrator's determination with respect to each claim, and the basis for the award unless You and CashWise agree otherwise. The arbitrator may only grant legal or equitable relief that is requested by You or CashWise to resolve one of our individual claims (that the arbitrator finds/determines is supported by relevant convincing evidence). No one other than You may receive relief/remedy from the arbitrator.Any court with the necessary jurisdiction may enforce any decision or award as a final judgment, or, if applicable, a request for judicial acceptance of an award and an order of enforcement may be submitted to the court in question.
  • Arbitration Fees and Location:If you start the arbitration, you must pay the JAMS/AAA filing fee for consumer disputes. CashWise reserves the right to demand attorneys' fees and costs if the arbitrator finds that you filed an arbitration claim against CashWise for an improper reason, frivolously, or without making a sufficient pre-claim investigation into the facts or relevant laws.
  • Notice and Filing If a Dispute has to be arbitrated, either you or CashWise must commence the arbitration process within one (1) year of the Dispute's occurrence and/or in accordance with any applicable arbitration rules. In case you have a dispute, you have to inform us as soon as possible so that we can try to resolve it. All claims will be rejected if notice is not given on time.
  • Continuation in Effect This clause on Binding Individual Arbitration survives any termination of this Agreement or provision of services to you by CashWise Inc.
  • Future Arbitration Changes Although CashWise may amend/modify this Agreement at any time, once a dispute has been filed, CashWise has no right to change this Agreement to arbitrate or the procedures outlined herein.
  • Class Action Waiver:To the greatest extent permitted by applicable law, You and CashWise agree to only bring Disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another person or entity acts in a representative capacity (for example, private attorney general actions) or consolidate/combine individual proceedings, or allow an arbitrator to arbitrate on behalf of any class or group of individuals. You and CashWise acknowledge and agree that you are hereby waiving the right to participate as a class representative or class member in a class action lawsuit.
  • Severability:You and CashWise agree that any provision of this Binding Individual Arbitration Agreement that is determined to be invalid, unenforceable, or unlawful will be severed, and the remainder of the Agreement will continue to apply and be interpreted as if the severed provision had never existed. The only exception is that You and CashWise agree that if the Class Action Waiver is determined to be invalid, unenforceable, or unlawful, it will not be severable; this entire Binding Individual Arbitration section will be void; and any dispute will be resolved in court, subject to the venue and choice of law clauses or provisions specified in this Agreement. No class-action arbitration shall be conducted without CashWise's express approval.

Governing Law

This Agreement and your use of the Website/Wallet/Application shall be governed by, and construed in accordance with the laws of the State of Delaware applicable to Agreements to be wholly performed within the such state without respect to any rules regarding conflicts of laws. You may also be subject to other municipal, state, federal, or international laws when using the Website/Wallet/Application. However, the State of Delaware, USA shall have exclusive jurisdiction over all jury issues.

Modifications to this Agreement

We hold the exclusive right to change/amend this Agreement at any point of time. Your continued use of the Website, Wallet, and/or App signifies your acceptance of the terms and conditions effective at that time and also your consent to be bound by them. You agree to accept this Agreement each time you access, load, or use the Website/Wallet, or App (and any revisions thereto). As a result, we strongly advise you to frequently review this Agreement for the latest updates. You may withdraw your acceptance of the modified or amended terms by sending us written notice of your withdrawal at hello@cashwise.finance within thirty (30) days of any changes or additions to this Agreement in case you do not agree with the modified conditions. After sending us written notice of your withdrawal of acceptance, you are no longer permitted to access or use the Website/Wallet or App.

No Employment or Agency Relationship

No provision of this Agreement shall in any way be interpreted or construed as creating any relationship between you and CashWise other than that of an End User of the Website/Wallet/App as described in This Agreement and services provided in accordance with the “Terms of Service & User Agreement”.

Equitable Relief

You acknowledge and accept that CashWise will suffer irreparable loss as a result of your violation of this Agreement, for which monetary damages alone will not be sufficient. You acknowledge and accept that, in addition to monetary damages and any other applicable remedies, we may seek an injunction to stop an actual, threatened, or ongoing violation of this Agreement.

Geographic Restrictions

The Company is established in the state of Delaware and is primarily accessible and used by people in the United States. It complies with all the applicable laws and regulations of the state of Delaware. In the event that you access the Website/Wallet/App from a location outside of Delaware, it shall be your sole and exclusive responsibility to ensure that local laws are followed.

Limitation of Time to File Claims

Any claim or cause of action which might have arisen out of or linked to this Agreement or the Website/Wallet/Application must be brought within one year from the date on which a claim or cause of action accrues failing which that claim or cause of action is permanently barred.

Communications and Notifications (or Electronic Communications)

By using the CashWise service, you agree to receive communications from us electronically, such as emails, text messages (SMS), in-app notifications, or notices posted on our website. You consent to receive these communications as part of your use of the service. Message and data rates may apply, depending on your mobile carrier and plan. It is your responsibility to check with your service provider for any costs associated with receiving electronic communications.

Entire Agreement

This Agreement constitutes the entire Agreement between you and CashWise regarding your use of the Website/Wallet/Application and replaces all prior and contemporaneous written or oral Agreements between you and CashWise. You might be subject to additional terms and conditions which shall be provided to you at the time of your usage or purchase of other CashWise's services.

Please do not hesitate to reach us if you have any inquiries concerning this Agreement.

  • Through Email: hello@cashwise.finance with a request for a confirmation receipt. Emails sent without a request for a confirmation receipt and without an acknowledgment from CashWise shall not be admitted as valid notice.
  • Before accepting the Terms of Service & User Agreement, please carefully read it.