Last updated July 24, 2026
The Stablecard by Western Union App (the "App") is offered under intellectual property license from Western Union Holdings, Inc. and its affiliates ("Western Union" or “we” or “us” or “our”) and operated by Western Union and/or its service providers. You can contact us through the support screen in the App or by phone at 1-800-325-6000.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Western Union concerning your access to and use of the App. You agree that by accessing the App, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the App after the date such revised Legal Terms are posted.
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the App.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You may not use the App in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in the App, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the App (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Certain Marks displayed in the App, are owned by Western Union service providers and are used under license. Nothing in these Legal Terms grants you any right, title, or interest in tany of the Marks except the limited right to use the App as permitted herein.
The Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the App "AS IS" for your personal, non-commercial use only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
We reserve all rights not expressly granted to you in and to the App, Content, and Marks.
Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our App will terminate immediately.
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using the App to understand the (a) rights you give us and (b) obligations you have when you submit any content through the App.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the App ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you submit: By sending us Submissions through any part of the App, you:
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside; (6) you will not access the App through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; (8) your use of the App will not violate any applicable law or regulation; (9) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; (10) you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"); and (11) you will not use the App to engage in money laundering, terrorist financing, fraud, or any other financial crime.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
You may be required to register to use the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
Transactions conducted on the Solana blockchain may be subject to network transaction fees ("Network Fees"). Network Fees are determined by the Solana network and are outside of our control. You are responsible for any Network Fees incurred in connection with your use of the App.
We may, from time to time, make changes to any fees charged in connection with the App and will communicate any fee changes to you in accordance with applicable law. Your continued use of the App after any fee change takes effect constitutes your acceptance of the revised fees.
We may include software for use in connection with our App. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our App and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
The App may allow you to access additional services subject to their own terms and conditions. Accessing these additional services may carry additional risk, and you should only use them if you fully understand the services provided, agree to the risks associated with their use, and accept the legal terms associated with the additional services.
The App may give you access to the Stablecard by Western Union (“Stablecard”), provided by Third National (“Issuer”), and subject to specific card terms and conditions. See [LEGAL URL]. The App is not a custodian of any assets. The App does not exchange any currency, whether fiat or crypto. As part of your access to the Stablecard, if approved, the Issuer may determine your spending power based on the USDPT stablecoin balance in your account. The Stablecard can be used anywhere Visa is accepted. The only supported digital asset for loading and spending via the Stablecard is USDPT on the Solana blockchain.
When you sign up for the App, you will be asked to create a non-custodial smart wallet. Wallets are created for you by third parties and will require you to agree to the third-party terms and conditions. Access and use of the wallet is subject to its own terms and conditions [LINK]. At all times you will retain control and ownership over your tokens. In the event that your access to the App is suspended, you can utilize tokens by exporting your wallet or withdrawing funds via the block explorer on the Solana blockchain.
The App operates on the Solana blockchain. Western Union and the App are independent of the Solana blockchain. Use of the Solana blockchain may require additional assets, such as SOL (the native token of the Solana blockchain), in order to pay network transaction fees. You should access and use the Solana blockchain at your own risk, and subject to any existing terms and conditions that may apply to the Solana blockchain and the services it provides.
The App allows you to load USDPT into your account through the following methods:
The App may allow you to off-ramp USDPT from your account for cash pickup at participating Western Union agent locations worldwide through the Digital Asset Network ("DAN"). The DAN is a service provided and operated by Western Union, and your use of the DAN is subject to separate terms, conditions, fees, and availability. When you initiate an off-ramp transaction, USDPT will be debited from your App account and a corresponding cash pickup transaction will be created in the Western Union system.
You are responsible for completing the cash pickup in accordance with Western Union's requirements, including any identification requirements imposed by Western Union or applicable law.
The App may allow you to connect to additional services including transferring assets on a non-custodial wallet via the Solana blockchain. Western Union does not control these transactions and does not take part in any fees related to those transfers including but not limited to Network Fees. Network Fees may be determined by a number of factors outside of Western Union's control.
If you access the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the App: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support App with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support App with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
The App may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the App or relating to any applications you use or install from the App. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or App offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or App. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Reserved
We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
We care about data privacy and security. Please review our Privacy Policy https://www.westernunion.com/global/en/privacy-statement.html, which describes how we collect, use, disclose, transfer, and protect personal data in connection with the App. By using the App, you acknowledge that your personal data will be processed as described in our Privacy Policy.
The App are hosted in the United States. If you access or use the App from outside the United States, your personal data may be transferred to, stored in, or processed in the United States and other countries where we, our affiliates, service providers, or partners operate. These countries may have data protection laws that differ from those in your country or region.
Where required by applicable law, we rely on appropriate safeguards for cross-border transfers of personal data, which may include adequacy decisions, the European Commission’s Standard Contractual Clauses, the UK International Data Transfer Addendum or International Data Transfer Agreement, or other lawful transfer mechanisms recognized under applicable data protection laws. Where such safeguards are not required or do not apply, and to the extent permitted by applicable law, we may rely on your consent or another applicable legal basis for the transfer, storage, and processing of your personal data in the United States and other jurisdictions.
These Legal Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Legal Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the App are governed by and construed in accordance with the laws of Delaware applicable to agreements made and to be entirely performed within Delaware, without regard to its conflict of law principles.
Dispute Resolution and Arbitration
PLEASE READ THIS "DISPUTE RESOLUTION AND ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND WESTERN UNION. WESTERN UNION SERVICE PROVIDERS INCLUDING RAIN LIQUIDITY AND ITS AFFILIATES ARE NOT A PARTY TO THESE LEGAL TERMS AND HAVE NO LIABILITY FOR WESTERN UNION'S OBLIGATIONS HEREUNDER. HOWEVER, WESTERN UNION SERVICE PROVIDERS ARE EACH AN EXPRESS THIRD-PARTY BENEFICIARY OF THESE LEGAL TERMS WITH RESPECT TO ANY PROVISIONS THAT ALLOCATE RISK, DISCLAIM LIABILITY, LIMIT REMEDIES, OR REQUIRE DISPUTES TO BE RESOLVED THROUGH ARBITRATION. ACCORDINGLY, TO THE EXTENT A DISPUTE INVOLVES WESTERN UNION SERVICE PROVIDERS, EACH SERVICE PROVIDER SHALL BE ENTITLED TO INVOKE AND BENEFIT FROM THE SAME PROTECTIONS, LIMITATIONS, AND DISPUTE RESOLUTION PROCEDURES AS WESTERN UNION.
Binding Arbitration
(a) You and Western Union agree that any and all past, present and future Disputes (defined below) shall be determined by arbitration, unless your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Western Union further agree that any arbitration pursuant to this section shall not proceed as a class, group or representative action. The award of the arbitrator may be entered in any court having jurisdiction. “Dispute” means any dispute, claim, or controversy between you and Western Union that arises out of or relates to (i) these Legal Terms (including, without limitation, the Western Union Stablecard, your account, any addenda hereto or other terms incorporated herein by reference), (ii) the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of the agreement to arbitrate hereunder, or (iii) any additional services we may provide to you in connection with these Legal Terms.
(b) This agreement to arbitrate shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Legal Terms.
(c) The Binding Arbitration and Class Waiver sections of these Legal Terms do not apply to you if you are covered by the Military Lending Act, nor do any provisions of these Legal Terms that waive any right to legal recourse under any state or federal law to the extent required by the Military Lending Act.
Arbitration Procedure
(a) Before filing a claim against Western Union, you agree to try to resolve the Dispute informally by providing written notice to Western Union of the actual or potential Dispute. Similarly, Western Union will provide written notice to you of any actual or potential Dispute to endeavor to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the "Notifying Party") will include in that notice (a "Notice of Dispute") the Notifying Party's name and account information (if applicable), the Notifying Party's contact information for any communications relating to such Dispute, and sufficient details regarding such Dispute to enable the other party (the "Notified Party") to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.
(b) If, notwithstanding the Notifying Party's compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within thirty (30) days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of these Legal Terms, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with such Dispute.
(c) You and Western Union each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as set forth under the "Small Claims" and "Exceptions to Arbitration" subsections below. You and Western Union agree that the American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules (the "Rules"). The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit, subject to any effective and enforceable limitations of liability or exclusions of remedies set forth herein. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other users of the Services as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may -- if selected by either party or as the chair by the two party-selected arbitrators -- participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
(d) You and Western Union further agree that the arbitration will be held in the English language in New York, New York, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means.
(e) Filing costs and administrative fees shall be paid in accordance with the AAA Rules; provided that the prevailing party will be entitled to recover its reasonable attorneys' fees, expert witness fees, and out-of-pocket costs incurred in connection with the arbitration proceeding, in addition to any other relief it may be awarded.
(f) You and Western Union agree that, notwithstanding anything to the contrary in the Rules, the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Western Union may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Western Union will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WESTERN UNION SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.
Small Claims
Notwithstanding your and Western Union's agreement to arbitrate Disputes, you and Western Union retain the right to bring an individual action in small claims court.
Class Waiver
To the extent applicable law permits, any dispute arising out of or relating to these Legal Terms, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of these Legal Terms or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.
No Jury Trial
If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Legal Terms.
Venue and Jurisdiction for Judicial Proceedings
Except as otherwise required by applicable law or provided in these Legal Terms, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and Western Union agree that any judicial proceeding may only be brought in a court of competent jurisdiction in New York. Both you and Western Union irrevocably consent to venue and personal jurisdiction there; provided that either party may bring any action to confirm an arbitral award in any court having jurisdiction.
Exceptions to Arbitration
The following Disputes are not subject to the provisions concerning informal dispute resolution and binding arbitration set forth above: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. For any such Dispute, either party may proceed directly in a court of competent jurisdiction as set forth under the Venue and Jurisdiction provision above.
Statute of Limitations
In no event shall any Dispute brought by either party related in any way to the App be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction as set forth under the Venue and Jurisdiction provision above.
Exclusions
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.
Severability of Arbitration Provisions
If any provision of this Section 18 is found to be illegal or unenforceable, that provision will be severed and the remainder of this Section 18 will remain in full force and effect. If the agreement to arbitrate is found not to apply to a particular Dispute, such Dispute shall be decided by a court of competent jurisdiction as set forth under the Venue and Jurisdiction provision above, and the parties agree to submit to the personal jurisdiction of that court.
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR APP. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
DIGITAL ASSETS, INCLUDING USDPT, ARE SUBJECT TO MARKET RISKS, INCLUDING BUT NOT LIMITED TO PRICE VOLATILITY, REGULATORY CHANGES, NETWORK DISRUPTIONS, AND TECHNOLOGICAL FAILURES. WE DO NOT GUARANTEE THE VALUE, STABILITY, OR CONTINUED AVAILABILITY OF ANY DIGITAL ASSET, INCLUDING USDPT. THE VALUE OF DIGITAL ASSETS MAY FLUCTUATE AND YOU MAY LOSE SOME OR ALL OF YOUR DIGITAL ASSETS.
WE DO NOT GUARANTEE THE AVAILABILITY, ACCURACY, OR TIMELINESS OF THE SOLANA BLOCKCHAIN, THE DIGITAL ASSET NETWORK, OR ANY THIRD-PARTY SERVICE INTEGRATED WITH THE APP. BLOCKCHAIN TRANSACTIONS ARE IRREVERSIBLE, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING FROM TRANSACTIONS SENT TO INCORRECT ADDRESSES OR FROM NETWORK FAILURES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF DIGITAL ASSETS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the App with whom you connected via the App; (6) your use of the MTCN redirect feature, including any misrepresentation regarding your entitlement to receive funds associated with an MTCN; or (7) your use of the off-ramp or cash pickup features through the Digital Asset Network.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
The App is available in English and Spanish. The Spanish-language version of the App is available to users located outside the United States only. In the event of any conflict or inconsistency between the English-language version and any translated version of these Legal Terms or the App, the English-language version shall prevail.
You acknowledge and agree that we are required to comply with applicable anti-money laundering ("AML"), counter-terrorism financing ("CTF"), and sanctions laws and regulations, including those administered by OFAC, the Financial Crimes Enforcement Network ("FinCEN"), and other applicable regulatory authorities. In furtherance of these obligations, you agree to:
We reserve the right to freeze, suspend, or terminate your account and to report suspicious activity to applicable regulatory and law enforcement authorities if we suspect that your account or any transaction is associated with money laundering, terrorist financing, sanctions evasion, fraud, or any other illegal activity.
You acknowledge and accept the following risks associated with the use of digital assets through the App:
These Legal Terms and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the App. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:
Western Union Holdings, Inc.
P.O. Box 6036, Englewood, CO 80155