Organisation Terms

1. The agreement

These Organisation Terms are an agreement between FinWiseApp, Corp., a Delaware corporation ("FinWise", "we", "us"), and the company, adviser or other organisation that signs up to offer FinWise to its people (the "Organisation", "you"). The person who accepts them confirms they have authority to bind the Organisation.

People who join through an Organisation ("members") use FinWise under our Terms of Service and Privacy Policy. These Terms apply only between you and FinWise.

2. Your account and team

Everyone you add to your team can act for the Organisation, including changing what it pays, adding other team members and closing its account. You are responsible for what they do, for keeping sign-in details safe, and for removing people who should no longer have access. We send notices about this agreement by email to your team or billing email, and they count as received when sent.

3. Inviting people

You may invite only people you have a real relationship with, and you must have a lawful basis to give us their contact details. We send invitations on your behalf, and up to two reminders to people who have not joined. Anyone can stop the reminders.

Joining must be each person's free choice. You must not make it a condition of employment or any other service, or treat anyone differently for joining, not joining or leaving.

If you allow people to join by email domain or by link, you are responsible for keeping that access appropriate, and for the charges for everyone who joins through it. You can set a maximum number of people and replace your link at any time.

4. What you can see

You can see the work email or name of each person you invite or who joins, when they were invited, joined or left, and totals across your people. You cannot see a member's accounts, balances, transactions or individual activity unless that member chooses to share it with you, after being told exactly what is shown.

5. Price and payment

The price per member is shown when you sign up and in your dashboard, in South African rand. You choose the share you cover, and each member pays the rest. Any tax we must charge is shown on your invoice.

We invoice you each month on the date you choose, in advance, with part-months for people who joined since your last invoice. You authorise us and our payment provider to charge each invoice to your card, and you must keep a valid card on file. We may invoice earlier while your first invoice is unpaid. When someone leaves or you remove them, they stay covered for 30 days and you keep paying your share for them until their last day. Amounts already invoiced are not refunded when someone leaves or is removed, except where the law requires it or section 13 says so. Tell us within 30 days if you think an invoice is wrong.

If an invoice is not paid, nobody new can join, and your members' plans through you can end. We may give them time to move to their own plan. You owe your share for every day your members are covered, including after an unpaid invoice or after you close your account.

6. Changing the price

We may change the price, or how it can be split between you and your members, by giving you at least 30 days' notice by email. The new price applies from your first invoice after the notice ends. If you do not accept it, you can end this agreement before then. A member who would pay more is told before it applies and can leave. We may ask them to confirm first.

7. Changing what you cover

Covering more applies straight away. Covering less takes effect after 30 days, and you keep paying your current share until then. Each member must confirm any price increase, or their plan through you ends on that date.

8. Your name, logo and message

You allow us to show your name, logo and message on your join page, in invitations and in your dashboard, only to provide FinWise to you. We may find your logo on the website you give us, for you to confirm or replace. You confirm you have the right to use what you provide, and that it is accurate and lawful. You may not make claims on our behalf.

9. Acceptable use

You must not misrepresent who you are, send misleading invitations, use FinWise unlawfully, or try to identify a member's financial information. We may suspend your account, or remove anything you have provided, if we reasonably believe you have broken these Terms or to protect members or FinWise. We will tell you why unless the law or a security risk prevents it.

10. Personal information

For the invitation lists you give us, you decide why that information is processed and are the responsible party under South Africa's Protection of Personal Information Act. FinWise processes it as your operator, only to send invitations and reminders, confirm membership and keep a record of them. We keep it confidential, protect it with appropriate safeguards, and tell you without undue delay if we believe it has been accessed without authority.

For each member's FinWise account, and for your team's sign-in details, FinWise is responsible, as our Privacy Policy explains. Our team and service providers operate outside South Africa, so information may be processed in other countries, with the protection the law requires.

11. Not financial advice

FinWise gives information and tools, not financial advice, and is not a licensed financial services provider. You must not present it as advice. If you are a financial adviser, you remain solely responsible for your advice, your licences and your dealings with your clients.

12. Changes to FinWise

FinWise for organisations is new and will change. We may add, change or remove features. Anything described as coming soon or being considered is not a promise. If a change materially reduces what you pay for, you can end this agreement.

13. Ending this agreement

You can end this agreement at any time by closing your account in Settings. We can end it by giving you 30 days' notice, or straight away if you materially break these Terms, do not pay, or if we must by law.

When it ends, your members' plans through you end. We may give members time to move to their own plan, and you pay your share until their last day. Their accounts and data remain theirs. Amounts already owed stay payable. If we end this agreement without you having broken it, we refund any part of an invoice that covers time after it ends.

14. Liability

To the extent the law allows, FinWise is provided as is, and we are not liable for indirect or consequential loss or lost profits. Our total liability to you is limited to what you paid us in the 12 months before the claim arose.

You will indemnify FinWise against third-party claims caused by your invitation lists, what you provide under section 8, or your decisions about your people.

Nothing in these Terms limits a right or liability that the law does not allow to be limited, including under South Africa's Consumer Protection Act where it applies to you.

15. Governing law and disputes

Before starting a claim, tell us about the dispute at hello@finwiseapp.io and both sides will try for 30 days to resolve it. These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, and disputes will be decided by the state or federal courts located in Delaware. Where the law gives you rights in your own country that cannot be excluded, those rights remain.

16. Changes to these Terms

We may change these Terms by giving you at least 30 days' notice by email. If you do not accept a change, you can end this agreement before it applies. If you keep using FinWise for organisations after that, the new Terms apply. Changes the law requires, or that only help you, can apply sooner.

17. General

These Terms are the whole agreement between us about FinWise for organisations, unless you and FinWise have signed a separate agreement, which then takes priority where the two differ. If part of them cannot be enforced, the rest still applies. Not enforcing a right does not waive it. Neither of us is liable for delays caused by events beyond our reasonable control. You may not transfer this agreement without our consent. We may transfer it as part of a reorganisation or sale of our business. Questions: hello@finwiseapp.io.