Splitwise Payments Services: Cardholder Agreement and Terms of Service

Last Updated: June 20, 2024

The following additional terms and conditions apply if you use the Splitwise Payments Services including, but not limited to, Splitwise Pay, the Splitwise Pay Wallet, and the Splitwise Card Services.

These Splitwise Payments Services Terms of Service are a legal agreement between you, as a current or prospective user of the Services, our partner bank First Pryority Bank, Member FDIC, and Splitwise, Inc., and govern your use of the Splitwise Payments Services (as defined below). By using the Service you agree to be bound by these Terms and any policies referenced within, including our Privacy Policy. Splitwise is a technology company and is not a bank or money transmitter and does not provide banking or money transmission services. All banking and payment services are provided by First Pryority, Member FDIC.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION INSTEAD OF CLASS ACTIONS OR JURY TRIALS. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.

Definitions & Summary:

In this agreement "you," and "your," refers to the individual, company or legal entity and/or entities that you represent. “We”, “us”, and “our” refer to Splitwise Inc. “Issuer” or “our partner bank” refers to First Pryority Bank, Member FDIC. “Splitwise Account” refers to the original administrative account, including email address and password, that you created on Splitwise.com or the Splitwise mobile application during your initial Splitwise sign-up process.

The Splitwise Payments Services consist of the administrative portions of the Splitwise application software or website that provides you with the opportunity to enroll and use products involving Splitwise-branded payments (including Splitwise Pay for peer-to-peer payments and/or the Splitwise Card Services), and link Funding Sources to your Splitwise Account.

The Splitwise Pay Wallet is a non-interest bearing demand deposit account with balances held at our partner bank, First Pryority Bank, Member FDIC. The Splitwise Pay Wallet can receive funds from your linked Funding Accounts, ACH payments, peer-to-peer transfers from other Splitwise Pay Wallets, incentives or referral rewards, and linked debit and credit cards.

Splitwise Pay allows you to send and receive funds for peer-to-peer personal, non-commercial purposes using your Splitwise Pay Wallet and/or Linked Funding Accounts to and from your friends on Splitwise who have signed up for both a Splitwise Account and the Splitwise Payments Services. When you initiate a Splitwise Pay payment, you authorize us to move funds on your behalf from your Splitwise Pay Wallet and/or Linked Funding Accounts in accordance with your instructions. Splitwise is not responsible for incomplete transactions, as described in these terms.

The Splitwise Card Services consist of Splitwise software that provides you with the opportunity to apply for and use a Splitwise Debit Mastercard (“The Splitwise Card”), including a physical Mastercard and/or one or more virtual Splitwise Mastercards, in connection with the Splitwise Payments Services. This Agreement outlines the terms and conditions under which the Splitwise Card has been issued to you by our partner bank. “Card” or “Splitwise Card” means the debit card issued to you by our partner bank. You can use the Splitwise Card to make purchases for certain goods and services online or in person, or wherever Google Pay or Apple Pay is accepted. The Splitwise Card will be linked to your Splitwise Payments Services and funded by your Splitwise Pay Wallet and/or linked Funding Accounts.

Purchases made with your Splitwise Card will automatically be added to your Splitwise ledger to be informally recorded, shared and/or split with the group or friend(s) of your choosing. However, you will be responsible to immediately settle the cost of the purchases you make using the Card.

Your use of the Splitwise Payments Services authorizes us and our partner bank to debit your Splitwise Pay Wallet by the amount of each payment you initiate, each transaction incurred on the Card and any applicable fees. By using the Splitwise Payment Services, you agree to be bound by the Splitwise Terms of Services (www.splitwise.com/terms), this agreement and additional terms and conditions (“Splitwise Payments Services Agreement and Terms of Service”), and all other terms, policies and guidelines applicable to the Services used (including but not limited to the Splitwise Privacy Policy: www.splitwise.com/privacy, and our Issuing Bank’s Privacy Policy).

The Splitwise Card is the property of the Issuer and must be surrendered upon demand. The Card is a debit card that is funded by your Splitwise Pay Wallet. The Card is not a credit card and is not for resale. The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest through your use of the Card. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms of this Agreement, the Splitwise Terms of Service, or any other agreements between you and us.

From time to time, we may offer marketing programs, referrals, or other incentives for our marketing purposes (an "Incentive Program”). Any bonuses or incentives under such Incentive Program shall be subject to the then current Incentive Program terms, if applicable, and otherwise at our sole discretion. Incentives will normally be deposited directly into your Splitwise Pay Wallet but may be delivered via other means as described in the relevant Incentive Program terms. Incentive Programs may be terminated at any time at our sole discretion.

In order to use the Splitwise Payment Services you must link one (1) or more eligible funding sources to your Splitwise Payments Service (Funding Account). If directed by you or if your Splitwise Pay Wallet is not sufficient to cover purchase transactions or Splitwise Pay payments, you authorize us to automatically debit funds from the Funding Account(s) that you specify. You further agree that once a transfer from a Funding Account has been initiated, you will be unable to cancel the transfer using the Splitwise Payment Services and we may resubmit any transfer that is returned for insufficient or uncollected funds or that is returned for any other reason, except as otherwise provided by the Automated Clearing House (ACH) rules or applicable law. You may be subject to third-party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that your financial institution may charge if your transfer is rejected.

We reserve the right to prevent Cards from functioning outside of the United States.

You can locate the expiration date of the Card in the “Splitwise Cards” section of your Splitwise Application. If you receive a physical card, the expiration date is identified on the back of the Card. You agree to sign the back of the Card immediately upon receipt.

Representations

You may not use The Splitwise Payments Services if you are barred from receiving services under the laws of the applicable jurisdiction, if we previously closed your Splitwise Account for violation of our terms, or if you are under the age of 18.

If you accept this Splitwise Payments Services Agreement and Terms of Service, you represent that, in addition to the above:

• you have the capacity to be bound by them
• any information you provide in connection with the Splitwise Payment Services, accurately and truthfully represents your identity
• you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you
• you will not use the Splitwise Payment Services, directly or indirectly, for any fraudulent or illegal undertaking or in any manner so as to interfere with the operation of the Splitwise Payment Services

Modifications to this Agreement

You agree that we may modify this agreement, or any other Splitwise terms, policies, or guidelines at any time at our sole discretion. A new agreement will be effective immediately or with 30 days notice by posting a new agreement and updating the “Last Updated” date at the top of these terms, subject to compliance with applicable law. You agree that even if you have not personally visited the website with the new terms of this agreement, that they may have force immediately and you waive any right you may have to receive additional notice of such changes or modifications, again in all respects subject to applicable law.

Your continued use of the Splitwise Payment Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review these Terms and all applicable terms, policies and guidelines to understand the terms and conditions that apply to your use.

If you do not agree to the amended terms, you must stop using the Splitwise Payment Services. Any use of the Splitwise Payment Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Splitwise Payment Services. You agree that your use of the Splitwise Payment Services will always be subject to the most current version of these Terms of Service at the time of such use.

Notices (E-Sign disclosure)

As part of your use of the Splitwise Payments Services, you are entitled by law to receive certain information in writing. The federal Electronic Signatures in Global and National Commerce Act (“ESIGN Act”) allows us to provide this information to you electronically, instead, with your prior consent. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, Communications) that we provide in connection with your Splitwise Pay Account and the establishment, operation, servicing, or termination of your Splitwise Pay Account and the Splitwise Payment Services. We may provide these Communications to you by posting them on www.splitwise.com, pushing notifications through the Splitwise Application, or by emailing them to you at the email address registered to your Splitwise Account.

Electronic disclosures and notices have the same meaning and effect as if they had been provided to you as paper copies.

If you wish to withdraw your consent to receive Communications electronically, you may do so by emailing us at payments.help@splitwise.com or by calling +1-877-775-8085. Please note, however, that if you withdraw your Electronic Consent, you may no longer use the Splitwise Payment Services.

YOU MUST KEEP YOUR EMAIL OR ELECTRONIC ADDRESS CURRENT WITH US. For us to be able to provide you with important notices and other information from time to time, you must ensure that the contact information, including the email address registered to your account, is current.

Authorization

When you use the Splitwise Payment Services you authorize us to immediately debit your Splitwise Pay Wallet or Funding Accounts by the amount of any payments, or transactions made using a Splitwise Card including any applicable fees. Your authorizations will remain in full force and effect until you close a Card or your Splitwise Pay Account is closed or terminated.

When you initiate a Splitwise Pay payment, you are authorizing Splitwise to immediately debit the account that you designate as the account to which payments should be charged or withdrawn from by the amount you specify, and to send those funds to your designated Recipient (a “P2P Payment”). You understand and agree that when you initiate a P2P Payment, processing may begin, and funds may leave your Splitwise Pay Wallet or authorized Funding Account as early as the moment you initiate the Payment Instruction. However, we will complete the transfer of funds to the Recipient once the Recipient has provided all required information.

When you sign up for the Splitwise Pay services, you authorize Splitwise to credit payments sent to you into your Splitwise Pay Wallet or into a linked Funding Account. If you receive a Splitwise Payment and we later determine in our sole discretion that the Payment was invalid for any reason, you hereby authorize us to debit the funds from the applicable Account in an amount equal to the Payment. You acknowledge and agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

When you use a Splitwise Card (virtual or physical), you are authorizing us to debit your Splitwise Pay Wallet or linked Funding Account the amount of the purchase.

You agree to maintain a balance or available credit limit in the specified Funding Account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge a Funding Account for payments you initiate using the Splitwise Card Service. You will indemnify and hold Splitwise and its partner bank harmless from any claims by any other owner of the account. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient (the "Payee"), and the amount of the transaction. You cannot use Virtual Cards in any way beyond their intended purpose.

Limits:

You acknowledge that we may impose limits on your use of the Splitwise Payments Service. We may not allow you to link certain types of Funding sources and that we may otherwise limit payments, and/or payees at our discretion.

You may deposit to and transact with your Splitwise Pay Account using any of the following methods subject to the indicated frequency and limits. We may change these limits with notice to you unless otherwise permitted by applicable law:

For security and fraud protection, we may impose other limits on the dollar amount that you can authorize in a transaction, and over what period of time, all of which we may increase or decrease at our discretion, or decline a transaction and send an SMS alert to the mobile phone on file to confirm an authorization before allowing it to proceed.

Conversion to US Dollars

Transactions made in currencies other than U.S. Dollars, if they are supported, will be converted by the network (e.g. Mastercard) or card association that processes the transaction into U.S. Dollars. The card association may consider transactions occurring in U.S. territories to be an international transaction. Conversion to U.S. Dollars may occur on a date other than the date of the transaction, and the actual conversion rate may differ from the rate in effect at the time of the transaction, the rate Mastercard or the network itself receives, or the government-mandated rate in effect for the applicable central processing date. You agree to pay the converted amount plus any applicable conversion charges made by the network, bank and/or card association that processes the transaction. No additional charge or fee is assessed by Splitwise.

Bank Transfer Authorization

You authorize us to initiate electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your bank account on record of up to your daily limit on a daily basis. You agree that ACH transactions you authorize comply with all applicable laws.

When your checking account is used as your funding source for a transaction, you are requesting that we and/or our partner bank initiate on your behalf an electronic transfer from your bank account. You agree that such requests constitute your authorization to us to make an ACH transfer, and once you have provided your authorization for the transfer, you may not be able to cancel the electronic transfer and we may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules, or applicable law.

In some cases, depending on the status of the recipient’s account, or the type of payment initiated your payment may be put into a pending state. For these payments, an ACH transfer has not yet been initiated and thus you may be able to cancel these payments. However, once the recipient has taken the required action the ACH transfer will begin and at that point you will not be able to cancel the transfer.

You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate using the Splitwise Payments Service.

Additional Restrictions and Prohibited Industries:

You agree that you will use the Service for its intended purpose, and in compliance with all applicable laws and regulations: local, state, and national, and international, as applicable.

You agree not to use the service in a fraudulent, disruptive, aggressive, manipulative, for money laundering, or any other inappropriate matter.

We reserve the right to investigate your use of the service for compliance with appropriate use and terminate your access to the Service, or in order to comply with law, regulation, legal process or government request. Your access to the Service may be terminated at any time, for any reason, at our sole discretion.

You may not, nor may you permit any third party, directly or indirectly, to:

• export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII)
• use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement
• use the Service in conjunction with automated purchasing software programs
• use the Service to exploit new user, referral programs, promotions offered by other merchants, or otherwise use the Service to violate the terms and conditions of a merchant
• act as a payment facilitator or otherwise resell the Splitwise Payments Service to any third party
• use the Splitwise Payments Service to handle, process or transmit funds for any third party

In addition, you may not, nor may you permit any third party, directly or indirectly, to use the Splitwise Payments Services for the following businesses or activities:

• any illegal activity or goods,
• paraphernalia that may be used for illegal activity,
• the purchase or sale of Cannabis or other drugs,
• unauthorized multi-level marketing businesses,
• rebate based businesses,
• betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races,
• manual or automated cash disbursements,
• prepaid cards or checks,
• sales of money-orders or foreign currency,
• wire transfer money orders,
• high-risk products and services, including telemarketing sales.

Transaction Fees

The following fees are assessed by Splitwise and the Issuer with your use of the Splitwise Payments Service.

Splitwise Card purchases and Splitwise Pay payments may be subject to additional fees from your Funding Account source or from individual merchants. These fees are not assessed or received by Splitwise and are not included in the above list.

Registering for Splitwise Payments Services

In order to access Splitwise Payments Services:

• You must have a Splitwise Account that is in good standing
• You must be at least 18 years old
• You must confirm that you are a legal resident of the United States, or a United States citizen
• You must use your true and accurate name when opening a Splitwise Payments Account.

If you violate any applicable Terms of Service, Splitwise may suspend or terminate your ability to access the Services under any or all of your accounts. Splitwise reserves the right to determine whether or not you have access to these services.

Underwriting and Identity Verification (USA PATRIOT ACT)

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who requests to use Splitwise Payments Services. You authorize us to make any inquiries we consider necessary to validate your identity.

When you register for Splitwise Payments Services we will ask you for your name, address, date of birth, your Social Security number, and other information that will allow us to identify you. We may make inquiries that we consider appropriate and use third party services to help us verify your identity and determine if we should open, maintain, collect or close your account.

We may make additional requests for information at any time. We may require you to take steps to confirm ownership of your email address or financial instruments, provide a copy of an identifying ID card such as a driver's license or passport, and verify information you provide against third party databases or through other sources.

We may also report the status, history and/or closure of your account to third-party services.

If you do not provide this information or we cannot verify your identity, we will refuse use of our Splitwise Payment Services, and may suspend or terminate your account. If you allow someone else to use your Splitwise Account, you are responsible and liable for all transactions, withdrawals, deposits and fees that arise out of such use.

Address or Name changes

You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.

Adding a Funding Source

In order to use Splitwise Payments Services, you must first add at least one (1) eligible funding source to your account via the Splitwise App. By connecting a funding source, you are pre-authorizing recurring transfers by Splitwise and our partner bank from that funding source.

If you add a funding source to your Splitwise Account, you agree that:

• You are the owner of the Funding Account
• You are authorized to transfer funds from that Funding Account
• You authorize us to initiate debits from your Funding Account according to your instructions
• You will maintain a balance or available credit limit in the specified Funding Account that is sufficient to fund all payments you initiate
• You authorize us to credit funds to your Funding account according to your instructions and as necessary (such as to issue refunds)

Any authorizations to debit a funding source will remain in full force and effect until you cancel the authorization by removing the funding source. You can remove a funding source in the Splitwise App. If you cancel your authorization, you will give us enough time to act on your cancellation. By entering your funding source information on the Splitwise Application, you have signed the ACH Authorization and you should print and save a copy of it.

You may request that money in your Splitwise Pay Wallet or Splitwise Pay payments made to you be credited to a Funding Account. You are responsible for making sure all Funding Account information is correct and up to date.

You will indemnify and hold Splitwise and its partner bank harmless from any claims by any other owner of the Funding Account. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient (the "Payee"), and the amount of the transaction.

Bank Account Information, Debit Card Information and Authorized Actions

If you choose to add a bank account as a Funding Account for your Splitwise Payment Services, you will be asked to provide access credentials (such as a username and password) that allow you to gain online access to your account at that third-party financial institution (your “Authorized Bank Account”).

If you choose to add a Debit Card as a Funding Account for your Splitwise Payment Services, you will be asked to provide card information (such as the name on the card, card number, and expiration date) that allow you to use your Debit Card account online (your “Authorized Debit Card Account”).

Splitwise works with Third Party Services, including but not limited to Plaid Technologies, Inc (“Plaid”), and Astra Inc. who will securely store, pursuant to industry standards and applicable law, any Authorized Bank Account access credentials, or Authorized Debit Card Account information that you provide and will access your Authorized Bank Accounts or Authorized Debit Card Account for the purposes of providing and improving the Payment Services. You may only provide account access credentials or card information for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials or information for an account that is held by a third person.

If you choose to provide your Authorized Bank Account credentials or Authorized Debit Card Account information to us, you authorize us to use this information to provide you with the services we offer through the Payment Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the services. Plaid’s services and use of your information, including on or through Splitwise Payments Services, are governed by its Terms of Use and its Privacy Policy located at https://plaid.com/legal. Astra’s services and use of your information, including on or through Splitwise Payments Services are governed by its Terms and Privacy Policy located at https://astrafi.com/privacy.

Inability to Access Funds from your Funding Account

In using Splitwise Payments Services, you are authorizing us to debit your Funding Account(s). If we are unable to access funds from your specified Funding Account to complete a transaction that you request for any reason (for example, if there are insufficient funds or credit available in your Funding Account to cover the requested transaction), the transaction may not be completed. In such case, you agree that:

• You will reimburse us immediately, upon demand, the transaction amount to the extent that we sent a payment to the Payee on your behalf;
• You will reimburse us for any fees imposed on us as a result of the failed transaction; and
• You will reimburse the Services for any fees we incur in attempting to collect the amount of the failed transaction from you.
• We are not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the Funding Account that is sufficient to fund all payments you initiate.

Using the Splitwise Payments Services

When you initiate a Splitwise Pay or Splitwise Card payment, you authorize Splitwise to automatically initiate an ACH debit for funds from a Funding Account to send the amount to the recipient you designate (as you designate, or if sufficient funds are not already available in the Splitwise Pay Wallet). BY INITIATING A SPLITWISE PAY PAYMENT YOU HEREBY AUTHORIZE US TO DEBIT YOUR FUNDING ACCOUNTS AS DIRECTED AND NECESSARY TO TRANSFER THE SPECIFIED AMOUNT. If you remove all Funding Accounts, you may no longer be able to initiate payments. We are not responsible for any damages or fees caused by declined payments.

Our ability to stop or cancel a Splitwise Pay Payment depends on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. We are not required to stop, cancel, or recover funds associated with a misdirected Payment Instruction. Payments not claimed by a Recipient after fourteen (14) days will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Funding Account, as applicable.

When you use your Card to make purchases for goods and services, Splitwise may automatically or at your direction initiate an ACH transfer for funds from one of your linked Funding Accounts to settle the amount (a “top-up”). BY USING YOUR CARD YOU HEREBY AUTHORIZE US TO DEBIT YOUR FUNDING ACCOUNT AS NECESSARY TO SETTLE THE AMOUNT OWED. If you remove your Funding Account from your Splitwise Account, any purchases made with your Splitwise Card may be declined. We are not responsible for any damages or fees caused by declined purchases or automatic top-ups.

Your payments sent via Splitwise Pay and transactions made using your Splitwise Card are subject to review and can be delayed or frozen if Splitwise or our partner bank identifies an issue. Splitwise and the Issuer reserve the right to restrict or delay your access to funds which are suspected of being tied to illicit or illegal activity. In addition, such funds may potentially be subject to investigation by one or more federal law enforcement agencies.

• Funding Account Balance: By using the Splitwise Payments Services you understand that your Funding Account may be charged immediately for the amount owed. You may be subject to third-party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that your financial institution may charge if your transfer is rejected. YOU SHOULD CONFIRM THAT YOUR FUNDING ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE TRANSACTION, BEFORE INITIATING PAYMENTS OR USING THE SPLITWISE CARD AND UNTIL THE MERCHANT CAPTURES THE PURCHASE OR YOUR RECIPIENT RECEIVED THE FUNDS. THIS WILL HELP YOU AVOID THIRD PARTY OVERDRAFT OR OTHER FEES YOUR BANK MAY CHARGE.
• Cash Access: Your Splitwise Card cannot be used for cash withdrawal at ATMs or elsewhere. Attempts to use your card for cash access will be denied.
• Authorization holds: When you use your Splitwise Card to purchase goods or services or to make a cash back withdrawal transaction, the merchant may attempt to obtain preauthorization for the transaction. If the merchant makes such a request, a “hold” is placed on your Splitwise Funding Account balance for the amount of the preauthorization request (which may vary in some cases from the amount of the actual purchase, depending on the merchant or purchase type), until the merchant sends the final payment amount of your purchase, or for up to thirty (30) days, even if you fail to make the purchase. Neither Splitwise nor Issuer will be responsible if any transactions are not completed because of the hold. If the preauthorization request varies from the amount of the actual transaction, the actual transaction amount will be debited from your Funding Account, even if this results in your Funding Account balance becoming negative. You remain responsible for any negative balances in your Funding Account.
  • If you use the Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% to ensure there are sufficient funds available to cover tips or incidental expenses incurred.

  You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card. You may not make pre-authorized regular payments using the Card.

• Foreign transactions: You will only be able to send Splitwise Pay payments to recipients with US bank accounts in US Dollars. The Splitwise Card may be used to make purchases outside the United States in supported countries and currencies, but Splitwise may impose restrictions or block transactions in some countries based on risk and applicable law.
• Overpayment: We reserve the right to deduct funds from your Funding Account in order to correct any previous errors or overpayment to you.
• Payments in the Splitwise Ledger: When you send Splitwise Pay payments we will automatically add a record of those payments to your Splitwise account. When you apply for a Splitwise Card you will select a group or friendship to share those transactions with. You understand that any transactions made with your Splitwise Cards will automatically be added to the predetermined group or friendship. These payments and transactions will be visible to the friend, or every member of the group that you’ve chosen to share your transactions with.

Funds availability

Information contained in this section is provided to assist you in understanding our funds availability policy. We make funds available according to the type of deposit and when the funds are applied or credited to your Splitwise Pay Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Splitwise Pay Account, you may not withdraw those funds, and we will not use them to pay any debits, such as P2P payments, ACH transfers, or Splitwise Card transactions during the hold period. We have the right to refuse any deposit.

If final payment is not received on any item you have deposited into your Splitwise Pay Account, or if any pull or push to card transaction or ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

• Availability
  The length of the delay in the availability of funds may vary depending on the type of deposit.
• Business Days
  The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Splitwise Pay Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by midnight Eastern Time will be considered current-day deposits. Any deposits received after that time will be processed the following business day.
• Specific Time until Availability
  Funds received from P2P, pull from card, and push to card payments will generally be available within an hour of receipt. ACH Credits or Debits received from an external bank account will be applied to your Splitwise Pay Account within two (2) business days of the effective date of the transaction [provided we have verified the external account and received payment on collected funds]. Funds may become available as soon as the effective date of the transaction for some customers depending on certain risk factors. Once the funds are applied to your Splitwise Pay Account, if received on a business day, they will have same day availability.
• Longer Time until Availability
  We may extend the time at which certain deposits into the Splitwise Pay Account are available for withdrawal until the time required by applicable law. If so, we will provide notice to you. If you need to be sure when a particular deposit will be available for withdrawal, you should ask us.

Card Services Warranties

With each transaction you process through the Splitwise Card Services you warrant and covenant to us that:

(a) the Card transaction represents a bona fide sale;
(b) the Card transaction accurately describes the goods and/or services obtained from the merchant;
(c) you will fulfill all of your obligations to the merchant and will resolve any dispute or complaint directly with the merchant; and
(d) you and the Card transaction comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax, wage and hour, and tip laws and regulations.

Payment History:

When you use Splitwise Pay a record of your payment will be automatically recorded in the “Splitwise Pay” section of the Splitwise App. When you use the Splitwise Card a record of the transaction will be automatically recorded in the “Splitwise Card” section of the Splitwise Mobile App. It can also be added to the Splitwise Group or Friendship of your choice. For Card transactions, you may receive a receipt from the Merchant.

Except as required by law, you are solely responsible for:

• compiling and retaining permanent records of all transactions and other data associated with your Splitwise Account and your use of the Splitwise Payments Services, and
• reconciling all transactional information that is associated with your Splitwise Account.

If you believe that there is an error or unauthorized transaction activity associated with your Splitwise Account, you should contact us immediately and within all cases within 60 days of when the problem or error first appeared on your statement.

Authorized Users

You are responsible for all authorized payments, transactions initiated and fees incurred by use of your Splitwise Pay Account and your Splitwise Card(s). If you permit another person to have access to your Splitwise Pay Account, a Card or Card number, this will be treated as if you authorized such use and you will be liable for all payments, transactions and fees incurred by those persons. You are wholly responsible for the use of your Splitwise account and each Card according to the terms and conditions of this Agreement.

Mobile Wallets

When you add a Card to a mobile wallet, you agree to the following terms:

1. A Card can be added to a mobile wallet by following the instructions of the mobile wallet provider (Apple Pay, Google Wallet/Pay, etc.). A Card can be added to multiple mobile wallets and on multiple devices as long as it is eligible to do so. This Agreement, and the terms of the mobile wallet provider and any service providers (e.g., third-party wireless companies) apply to a Card in a mobile wallet regardless of which mobile wallet it is added to. No Card can be used in a mobile wallet if the Card has been canceled.
2. The terms and conditions of this Agreement do not change when a Card is added to a mobile wallet. In addition, any applicable fees that apply to your Account apply to activity done through a mobile wallet as well.
3. When a Card is added to a mobile wallet, it can be used to make purchases wherever mobile wallets are accepted. Mobile wallets may not be accepted everywhere that a Card is accepted.
4. If any Cardholder uses a mobile wallet, you agree to protect and keep confidential your User ID, passwords and all other authentication information required for use of the Card in a mobile wallet.
5. All questions or complaints about mobile wallet-specific functions or security should be directed to the mobile wallet provider. All transaction-related questions should continue to be directed to Splitwise.

Splitwise Card refunds and returns:

If you are entitled to a refund for any reason for goods or services obtained with your Splitwise Card, the return and refund will be handled by the merchant. If the merchant credits your Splitwise Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. Refunds will be recorded along with your transactions in the periodic account statements, and in the relevant section of the Splitwise Mobile App.

Neither the Issuer nor Splitwise is responsible for the delivery, quality, safety, legality or any other aspects of the goods or services you purchase from others with the Card. If you have a problem with a purchase you made with the Card, or if you have a dispute with the merchant, you must handle it directly with the merchant when possible. All disputes filed through Splitwise will be handled in accordance with the related regulations.

Processing Errors

Splitwise will attempt to fix any processing errors we discover. If the error resulted in your payment of an amount larger than what you authorize we will transfer the difference to your linked bank account. If the error resulted in your payment of an amount less than what you authorized, Splitwise will debit the extra funds from your linked bank account.

Please notify Splitwise immediately regarding any processing errors you discover. Please notify us with:

• Your name and Splitwise Pay Account information
• A description of the error or transaction and why you believe it is an error or why you need more information
• The dollar amount of the suspected error.

Please send your notice to payments.help@splitwise.com for issues related to Splitwise Pay payments or cardsupport@splitwise.com for issues related to Splitwise Card transactions as soon as possible. Your failure to notify us of a processing error within sixty (60) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

Disputes

You agree to comply with the Payment Dispute Resolution Procedure described below for any payments made using your Splitwise Pay Account. If you’re unable to resolve a transaction related issue directly with a merchant, please notify us as soon as possible. This is our process for resolving disputes.

1. Contact cardsupport@splitwise.com directly or by tapping “Dispute” on the Transaction Details screen to open a dispute case. You must contact Splitwise within sixty (60) days from the time you received the statement showing the transaction in question. When we receive your dispute notification, we will advise you of the status of our investigation within ten (10) business days. In all cases, we will correct any error promptly. Your written notice must include the following information:
   1. Your name, and Splitwise Pay Account email address
   2. The Splitwise Pay Account you’re referring to
   3. Why you believe there is an Unauthorized Transaction or Other Error, and the dollar amount involved
   4. Approximately when the Unauthorized Transaction or Other Error took place.
2. If the dispute cannot be resolved within ten (10) business days provisional credit will be given if applicable (as per Reg. E). If we need more time to investigate your question or complaint, we may take up to 45 calendar days for ATM transactions (other than international transactions) and ACH transactions. For errors involving new Accounts (an account that was first funded within 30 days prior to the error), point-of-sale transactions, or foreign initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. If this is necessary, we will provisionally credit your Account for the amount you believe is in error within ten (10) business days of your original complaint or question. If we do not receive written confirmation of your questions or complaint within ten (10) business days, we may decide not to provisionally credit your Account.
3. For errors involving new Accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.
4. Respond to our requests for other information. We may request that you provide receipts, third party evaluations, police reports or other documents depending on the situation. Please respond to these requests in a timely manner as requested in our correspondence with you.
5. Comply with our shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim, we may require you, at your expense, to ship the item back to the seller, or to a party (specified by Splitwise) and to provide signature confirmation proof of delivery.
6. Splitwise and our partner bank will make a final decision on your claim based on the coverage and eligibility requirements set forth above and any additional information provided during the online payment dispute resolution process or any other information Splitwise deems relevant and appropriate under the circumstances.
7. Splitwise will tell you the results within three (3) business days after completing the investigation. If your dispute is declined by the merchant or the investigation does not show proof to support the dispute, you will receive a written explanation. If provisional credit was given, and it is determined that there was no error, you must repay to us the amount of the provisional credit for the disputed item(s). You will have access to those funds for five (5) business days, and then we may deduct those amounts from your Account without further notice.
8. Copies of the documents used in the investigation may be obtained by contacting Splitwise at cardsupport@splitwise.com.

Our Liability for Failure to Complete Transactions

If Splitwise or the Issuer does not complete a transaction to or from your Splitwise Pay Account on time or in the correct amount according to our Agreement with you, we, or the Issuer may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If, through no fault of ours, the Funding Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution;
• If a merchant refuses to accept the Card;
• If a computer system, or POS terminal was not working properly and you knew about the problem when you started the transaction;
• If access to the Splitwise Pay Account or Card has been blocked after you reported the Splitwise Pay Account credentials or Card compromised, lost or stolen;
• If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
• If we have reason to believe the requested transaction is unauthorized;
• If there is any pre-announced unavailability of the Splitwise Pay Account or Splitwise Card Services;
• If other members of your Splitwise group do not settle their portion of the transaction with you,
• 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; or
• For any other exception stated in our Agreement with you or by applicable law.

In addition, we will not be held liable if we are unable to complete a Splitwise Pay Payment because of inaccurate or insufficient information, or the failure of the Recipient to claim the payment, or because either you or the Recipient does not provide us with any information that we request, or if we are unable to verify your identity or the identity of the Recipient to our satisfaction, or because we at our sole discretion have deemed the payment to be fraudulent, suspicious, or void.

You acknowledge and agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the sender to send them to you. As a result, fraudulent transactions may result in the loss of funds with no recourse. Please be aware of common scams such as the accidental payment scam where someone sends you a fraudulent payment, claims it was accidental, and asks that you return their money.

Your Liability for Unauthorized Transfers

If you believe your Splitwise Card has been lost or stolen, you believe a transaction has been made without your permission using information from your Card or Splitwise Pay Account, you believe a Splitwise Pay payment has been initiated without your permission, or you believe your Splitwise Pay Account Credentials have been used without your permission tell us AT ONCE, and FREEZE the relevant card(s) via the “Your Cards” section in the Splitwise Mobile Apps. Reporting your Card lost or stolen, and any unauthorized or unexpected activity to +1-877-775-8085 or cardsupport@splitwise.com or payments.help@splitwise.com as soon as possible is the best way of keeping your possible losses down. We may suspend or cancel your Card and/or corresponding Splitwise Pay Account in the event of excessive reports of loss or theft. You agree that any unauthorized use does not include use by a person to whom you have given authority to use your Splitwise Pay Account, Card or PIN and that you will be liable for all such uses by such person. For example, if you have given your Splitwise Pay Account, Card or Card information to another person to use, such as a friend or relative, you are responsible for that person’s transactions with your Splitwise Pay Account or Card, and if you have given your Card information to a merchant for a transaction, you have given authority to that merchant to debit the Card for that transaction.

If you tell us within two (2) business days after you learn of the loss or theft of your Splitwise Pay Account credentials or your Card, you can lose no more than $50 if someone used your Splitwise Pay Account credentials or your Splitwise Card without your permission. If you do NOT tell us within two (2) business days after you learn of such loss or theft, and we can prove that we could have stopped someone from using your Splitwise Pay Account or Card, without your permission if you had told us, you could lose as much as $500.

Also, if you become aware of and/or your statement shows transactions you did not make, notify Splitwise at once following the procedures stated in Section 21 (Disputes). If you do not notify Splitwise within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if Splitwise can prove that we could have stopped someone from taking the value if you had notified Splitwise in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, Splitwise may extend the time periods. If your Splitwise Pay Account credentials or Card has been lost or stolen, your Splitwise Pay Account or Card will be blocked to keep losses down and a replacement card will be sent to you.

You agree to cooperate reasonably with us and the Issuer in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Splitwise Pay Account or Card.

Additional Limits on Liability Under Mastercard Rules.

Under Mastercard Rules, you will not be liable for any unauthorized Splitwise Card transactions using your Splitwise Card if you can demonstrate that you have exercised reasonable care in safeguarding your Card from risk of loss or theft. You must notify us within two (2) days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.

Confidentiality

You acknowledge and agree that the Issuer and Splitwise may, subject to applicable law, share information regarding you, your Card, your Splitwise Account, your Card request, Card transaction activity, and Splitwise Pay activity as necessary to provide customer service, service the Card, Splitwise Pay payments or your Splitwise Account, investigate and act on the Card, Splitwise Pay payments, or your Splitwise Account and/or your Card- or Splitwise Account-related claims and as necessary to comply with applicable law. Information about Splitwise Pay payments, the Card, your Splitwise Account, or the transactions you make with any of them may be disclosed to third parties:

• Where it is necessary for completing payments or transactions;
• In order to verify the existence and condition of the Card for a third party, such as a merchant;
• In order to comply with government agency, court order, or other legal, regulatory or administrative reporting requirements;
• In order to prevent, investigate or report possible illegal activity;
• In order to issue authorizations for transactions on the Card;
• If you consent by giving us your written permission;
• To service providers who help us administer and provide the Splitwise Payments Services;
• To our employees, auditors, affiliates, service providers, or attorneys as needed;
• As permitted by applicable law; or
• Otherwise as necessary to fulfill our obligations under this Agreement.

No Warranty Regarding Goods or Services as Applicable.

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with a Splitwise Card.

No Warranty of Availability or Uninterrupted Use:

From time to time the Splitwise Payments Services may be inoperative, and when this happens, you may be unable to initiate or receive Splitwise Pay payments, use your Card or obtain information from your Card, including your Splitwise Account. Please notify us immediately at cardsupport@splitwise.com if you have any problems using your Card or at payments.help@splitwise.com if you have problems sending or receiving Splitwise Pay payments. You agree that the Issuer, Splitwise, and their respective affiliates, employees, or agents are not responsible for any interruption of service.

Website and App Availability

Although considerable effort is expended to make our website, the Splitwise App, and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

You agree to act responsibly with regard to our website, app, and their use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

Miscellaneous

• Assignment: To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, or this Agreement without our prior written consent.
• Severability: This Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect. The Issuer does not waive its rights by delaying or failing to exercise them at any time. This Agreement will be governed by the law of the State of Massachusetts except to the extent governed by federal law.
• Language: This Agreement was drafted in English. In the event that this agreement, or any part thereof, is translated to a language other than English, the English-language version shall control in the event of a conflict.
• Section Headings: Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
• Cancellation: The Issuer or Splitwise may cancel or suspend the Card, your account to Splitwise Pay, or this Agreement at any time. You may cancel this Agreement by returning the Card to the Issuer, or contacting cardsupport@splitwise.com, or payments.help@splitwise.com. Your termination of this Agreement will not affect any of the Issuer’s or Splitwise’s rights or your obligations arising under this Agreement prior to termination. In the event your Card is canceled, closed or terminated for any reason, any remaining available funds associated with the Card would revert to your Funding Account. In the event that your Splitwise Pay access is terminated any pending payments will be withdrawn or deposited from your Funding Account as instructed.
• Entire Agreement: This Agreement comprises the entire agreement between you and Splitwise with respect to the above subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications.

Indemnification

At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Limitation of Liability

Except as otherwise expressly provided in this Splitwise Payments Services Agreement and Terms of Service or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, Splitwise Pay, your Splitwise Account, and related Splitwise Payment Services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to Splitwise Pay payments, the Cards, the Splitwise Payments Services, any products or services purchased using a Splitwise Card, or this Splitwise Payments Services Agreement and Terms of Service (as well as any related or prior agreement that you may have had with us).

Arbitration

Any claim, dispute, or controversy arising out of or relating in any way to: i) this Agreement; ii) Splitwise Pay payments; iii) the Card; iv) your acquisition of the Card; v) your access to Splitwise Payments Services; vi) your use of the Card; vii) advertisements, promotions or oral or written statements related to Splitwise Payments Services, as well as goods or services purchased with the Card; viii) the benefits and services related to the Splitwise Payments Services; or ix) transactions on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in these Splitwise Payments Terms of Service.

You and we each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision. Any arbitration hearing that you attend shall take place in the federal judicial district of your residence at a location that is reasonably convenient for both parties. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees.

You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in your state or municipality within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

For a copy of the AAA rules, to file a Claim or for other information about the AAA, contact: AAA, 335 Madison Avenue, New York, NY 10017 or go to www.adr.org.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of the Splitwise Payments Services, or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DAY YOU OPEN YOUR SPLITWISE PAY ACCOUNT. You may opt out of these arbitration procedures by contacting payments.help@splitwise.com or calling +1-877-775-8085 with the following: (1) The legal name on your account, (2) The email address on your account, and (3) that you are opting out of arbitration. Any opt-out received after the opt out deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.

If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.