Terms of Service for Remittance

As of February 18, 2022

This terms of service ("Agreement") is between you and Lawfully Inc.(“Lawfully”, “we”, “us”, or “our” as applicable), concerning your use of Lawfully's remittance service ("Service"). The entire Terms of Service is available here.

By using the Service, you agree to be bound by this Agreement, and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you:

Our Privacy Policy, which sets forth the terms on which we handle any personal data we collect about you, or that you provide to us. By using our Service, you consent to such processing and you confirm that all data provided by you is accurate.
Moov Platform agreement, which lays out the terms and conditions on utilizing Moov Platform. Moov partners with Lawfully as an electronic payment service provider.
Community Federal Savings Bank (CFSB) Terms of Use, which lays out the terms and conditions on utilizing CFSB. CFSB partners with Lawfully to support our remittance service; and
CurrencyCloud Terms of Use, which lays out the terms and conditions on utilizing CurrencyCloud. CurrencyCloud partners with Lawfully as a cross-border payment and currency conversion service provider.

Please read carefully all of the terms of these policies and each of the other agreements that apply to you.

If we change the Agreement in a way that reduces your rights or increases your responsibilities, we will provide you by posting notice. Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. We may, attorney time and without liability, modify or discontinue all or part of the Service; charge, modify or waive certain fees related to the Service; or offer the Service, or certain of the Service, to some or all users.

1. ABOUT OUR SERVICE

The Service allows users to send international money transfers from the United States to India, Mexico, and the Philippines served by Lawfully. We provide our Service through which you can send money to friends and family. Therefore, you should not use the Service to send money to strangers. A "Sender" uses our Service to send money and a "Recipient" receives money through the Service. A "Transaction" indicates an order to send money through the Service. The "Transaction Amount" is the amount in US dollars that the Sender provides to Lawfully for transmission to the Recipient. The "Payout Amount" is the amount paid out to the Recipient.

2. ELIGIBILITY

Age and Capacity. You must be at least eighteen (18) years old to create an account, access, or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
Others. You may not submit or receive a Transaction on behalf of any other person.
Residence within the United States. The Service is available to residents of the United States only.
Bank account in the United States. The Service requires you to have an open bank account in the United States.
Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer that we may accept or reject at our sole discretion.
Registered in the United States Only Lawfully is not licensed to provide the Service outside of the United States of America. As a result, the Service may not be available for use in countries other than the United States.
Multiple Accounts. Senders may only have one active account. If we determine that a Sender is using multiple accounts we reserve the right to merge or terminate one or more of the accounts, limit the Sender's use of the Service, or refuse their continued use of the Service.

3. PERSONAL INFORMATION

Privacy Policy. By agreeing to this Agreement, you acknowledge and consent to Lawfully’s Privacy Policy. We share your personal information provided in connection with the Service with our agents and service providers to provide you with the Service.
Customer Identification Program. U.S. law requires we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information.
Government Disclosures. We may provide information about you and your Transactions to government authorities and law enforcement agencies.
Verifying information. You authorize us to make any inquiries, to you or to others, which are necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.

4. TRANSACTION METHOD

Transaction is made by wire transfer, and you will be asked to enter your bank account information. Your transaction order will remain inactive until we receive your funds to a specified account.

5. EXCHANGE RATES

The “Transaction Amount” is the amount that you send from Your Bank Account in wire transfer, minus any applicable fees and prior to any foreign exchange conversion.
We always specify the exchange rate applicable to your Transaction at the time you initiate your requested Transaction, and this rate could be higher or lower than the one at the beginning when you finalize a Transaction due to the volatility of the daily exchange rate.
1. We do not guarantee that the rates match any particular benchmark source at any given time. We are not liable if the amount received by the Recipient is less than anticipated as a result of changes in the global currency markets.
We take some margin or spread on the exchange rate associated with your Transaction.

6. FEES

A total $5 of a flat fee is charged on every Transaction. The fee exemption applies to subscribers of Case Analysis Pro, Lawfully’s premium subscription plan.

7. BUSINESS DAY

“Business Day“ means any day, other than a Saturday, Sunday, federal or any other state holiday. Transaction may take 3 to 5 business days to be completed depending on a banking system and other circumstances.

8. IMPORTANT SERVICE RESTRICTIONS

General. We may refuse any Transaction or limit the amount to be transferred, either on a per transaction or aggregated basis. These limits may be imposed on individual accounts or linked accounts. We reserve the right at any time to modify or discontinue all or any part of the Service.
Delays. Your Transaction may be delayed by our effort to verify your identity and validate your Payment Instruments and otherwise comply with laws or manage our financial risk. You may be entitled to a refund in certain circumstances and you may cancel your transaction at any time while it is pending.
Commercial Transactions. You should not use the Service to send money except to people that you know. We are not responsible for the quality or delivery of goods or services that you pay for using the Service. You accept that using the Service to pay for goods and services is at your own risk.
Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following: sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, tobacco related paraphernalia, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, Lawfully will report you to law enforcement.
Compliance with Office of Foreign Assets Control (“OFAC”). Your Payment Instrument must be issued by a U.S. financial institution. We may refuse Transactions from certain Senders and to certain Recipients that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as issued by different government agencies.
No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
Restricted Activities. In connection with your use of the Service, you will not:
1. Breach this Agreement, or any other agreement between you and Lawfully;
2. Provide false, inaccurate, or misleading information;
3. Refuse to cooperate in an investigation or provide confirmation of your identity;
4. Use an anonymizing proxy;
5. Provide yourself a cash advance from your credit card (or help others to do so);
6. Use any automatic device, or manual process to monitor or copy our website.

9. ERROR RESOLUTION, CANCELLATIONS AND REFUNDS

Error Resolution. If you have any problems with the Service, you can contact us on Help Center in the Lawfully app.
Cancellation. You can cancel your transaction at any time prior to its completion. Completion means that your recipient claimed the money you sent through a bank account deposit. Upon receipt of a cancellation request, we may confirm with our Service Providers to determine whether the transaction has been completed prior to initiating a refund. You can also cancel your transaction (a) within 30 minutes of authorizing your transaction or (b) at any time thereafter if the Transaction Amount has not yet been converted in accordance with your order.
Once Transactions have been executed, they cannot be reversed, and, except as expressly set out in this Agreement, we will not be liable in any way for any loss you suffer as a result of a Transaction being carried out in accordance with your instructions.

10. SECURITY

Your security is very important to Lawfully, and we use a variety of security measures to make sure that your information is secure. We urge you to think carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately at help@lawfully.com or Help Center in the app.

11. LIMITATIONS OF LIABILITY

Neither we nor any of our agents, affiliates, employees, or service providers will be liable:

For losses or damages alleged to result from our failure to properly complete a Transaction other than as indicated in the Agreement;
For losses or damages alleged to result from our delay in completing a Transaction;
If, through no fault of ours, you do not have enough money in your bank account or have not timely deposited sufficient funds with us to make the Transaction;
If your system or device was not working properly during your use of the Service and you knew about the breakdown when you started the Transaction;
For errors made by you or a Recipient, such as making a Transfer to an unintended person or transferring an unintended amount;
For errors by your bank, such as the provision of incorrect bank account information for your bank account;
For losses or damage arising from your misuse or inability to use the Service, whether due to reasons within our control or not;
For losses or damage to you from our inability to complete a Transaction because we are prohibited by law or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or
Due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.

12. DISCLAIMER OF LIABILITY

IN PROVIDING THE SERVICE TO YOU, NEITHER WE NOR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICE EXCEPT AS SET OUT IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.

WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE SERVICE.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Lawfully and its licensee and licensors, 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 or arising out of a) your use and access of the Service, by you or any person using your account and password, b) a breach of these Terms; and/or c) any intellectual property infringement claim or breach privacy claim arising out of content or materials you provide to Lawfully through the Service.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.

15. ASSIGNMENT

You may not assign this Agreement, and/or any of its rights and obligations hereunder, without the prior written consent of Lawfully. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns.

16. GOVERNING LAW; DISPUTE RESOLUTION

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between you and Lawfully regarding the Service.

Any dispute arising out of or related to this Agreement that cannot be resolved by informal and good faith negotiations between the parties, shall be settled by final and binding arbitration to be conducted by a single arbitrator in Bergen County, New Jersey, pursuant to the rules of the American Arbitration Association. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

17. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is materialized we will notify you by, for example, sending a message to your account email. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.