E-Wallet User Agreement.
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Global Account agreement

Usend E-Wallet Contract

Important Information: Please read this Agreement and Statements carefully before activating your E-Wallet.

This E-Wallet USEND Agreement (“Agreement”) sets forth the terms and conditions governing the use of your E-Wallet USEND (the “E-Wallet”). By registering and using the E-Wallet service and downloading the USEND app (“App E-Wallet USEND”), you agree to be bound by the terms and conditions set forth in this Agreement.

“You” and “your” means you, the Customer who has registered with an E-Wallet and is authorized to use the E-Wallet as provided for in the terms and conditions of this Agreement.

“We” and “our” means Pronto Money Transfer Inc. (invented name: “USEND” and “Pontual”) and our successors, dealers or affiliates. Pronto Money Transfer Inc. is referred to in this Agreement as “USEND”.

1.Description and Limitations of the E-Wallet USEND Program.

It can only be used for operations related to Punctual and USEND. E-Wallet is a prepaid payment program that allows you to put resources on your E-Wallet to use to pay for services of Pronto Money Transfer Inc., including money transfers on our online platform USEND, sending resources to others holders of the USEND E-Wallet. You can also use your E-Wallet to purchase a reloadable gift card or debit cards through participating sellers and financial institutions that work with USEND.

The E-Wallet USEND App. The E-Wallet USEND App enables you to use your mobile device to access your E-Wallet for payment of services through USEND.

Resources can only be uploaded via the USEND E-Wallet App and USEND Website. You can upload funds to your E-Wallet account by accessing the USEND E-Wallet App or the USEND website (where available) and transferring funds from your bank account (via ACH), a debit or credit card.

It is not a bank account and cannot be accessed at ATMs. Your E-Wallet account does not constitute a bank account or savings account, and is not directly insured by the FDIC. You will not receive interest on resources placed on the E-Wallet.

It is not a gift certificate and cannot be transferred. E-Wallet is not a gift certificate and cannot be transferred or given to another person. E-Wallet is not a debit card; Resources you place on E-Wallet cannot be accessed at ATMs and you cannot use your E-Wallet to pay for goods or services at retail stores.

No more than one E-Wallet at a time. You cannot maintain more than 1 (one) E-Wallet account. If USEND discovers that you are holding or controlling more than 1 (one) E-Wallet Account, USEND reserves the right to cancel one or both of your E-Wallet Accounts. If USEND cancels your E-Wallet account for any reason, USEND will refund the full amount of your available balance at that time within ten (10) days.

No illegal activities. You may not use your E-Wallet for illegal activities or illegal operations.

Your right to cancel. You may cancel your E-Wallet and this Agreement at any time by contacting Customer Service at the number or email address below. If you terminate this Agreement, none of our rights and obligations or your obligations under this Agreement prior to termination will be affected. If your E-Wallet is canceled at your request, we will send you a check for all remaining funds after deducting applicable fees, charges and remaining transactions.

Recurring operations. Your E-Wallet cannot be used for recurring operations. “Recurring Operations” are operations that you schedule in advance to be automatically billed to your E-Wallet on a repeated basis.

2.Declarations and Contracts. By registering and using the E-Wallet USEND, you acknowledge and accept electronic receipt of: (a) this Agreement; and (b) the complete and condensed statements of the Electronic Fund Transfer Act, “EFTA”) (collectively, “Statements”). You agree that you have read this Agreement and the Statements in their entirety and that you will abide by their terms and conditions.

You understand that USEND will not provide you with an additional paper (non-electronic) copy of this Agreement or the Statements unless you specifically request them by contacting us at the Customer Service number or email below.

3.Contact you and electronic signature. You authorize the receipt of our electronic communications and statements relating to your E-Wallet. You agree that USEND may contact you by email at any email address you provide us in connection with your E-Wallet account or USEND services. By accepting this Agreement, you agree that it is subject to the Federal Electronic Signatures Act in Global and National Commerce (E-Sign). Continued use of your E-Wallet requires you to agree to receive all of our notifications electronically. If you prefer to receive paper notifications, you have the right to withdraw your authorization, in which case we may terminate your use of E-Wallet.

4. Customer Representations and Warranties. By registering for E-Wallet USEND, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) provided us with your name, date of birth, home address (not a PO box), and identity number; (iii) the personal information you provided to us when registering for your E-Wallet is true, accurate and complete; and (v) have received this Agreement and agree to be bound by its terms and conditions.

You hereby authorize USEND to add or deduct resources from your E-Wallet based on your requests to load resources into your E-Wallet and/or based on the operations you perform pursuant to this Agreement. You acknowledge and agree that resources uploaded to your E-Wallet may only be used for transactions and/or payments processed by USEND pursuant to this Agreement.

5. Working days. For the purposes of this Agreement, all days are business days (“Business Day”), except Saturdays, Sundays and national holidays.

6. Availability of resources. You are not allowed to exceed the balance limit available on your E-Wallet. Regardless of the above, in the event that an operation that exceeds the limit of the balance of available resources in your E-Wallet is approved (due to a system failure or any other reason), you will remain fully responsible for the amount of the operation. In such event, you agree to pay Pronto Money Transfer Inc. the missing balance immediately upon request.

7. Account balance and transaction history information. USEND will not automatically send your monthly account statements. USEND will make available your E-Wallet account balance and transaction history, including any fees that have been charged to your E-Wallet account. You can check your current balance and account transaction history by (a) accessing your E-Wallet account through the E-Wallet USEND App on your mobile device, (b) accessing your E-Wallet account on the USEND.com website, or (c) ) by contacting the Customer Service number below.

8. You may request a history of account transactions in writing. You can request your E-Wallet account history for at least the last 24 months either verbally or in writing. To make an oral or written request for your account history, please contact USEND at the Customer Service number or address below. Even if your E-Wallet account has been inactive for more than 24 months, USEND will provide the complete account history for you.

9. Changes to participation in your E-Wallet and these Terms and Conditions. Subject to applicable law, at any time USEND may (i) terminate or suspend your use of an E-Wallet, (ii) modify or suspend the type or dollar value of transactions relating to your E-Wallet, or ( iii) change our customer verification process to register in an E-Wallet. USEND may change or modify these Terms and Conditions at any time and without notice to you. USEND may revise these Terms and Conditions at any time by updating these terms on our website. In that case, you are obligated to comply with such changes and, therefore, you should periodically review the current Terms and Conditions as posted by USEND on its website.

10. Fees and Charges. USEND fees are set forth in our Summary Statements and Full Statements, which are attached. USEND does not charge any fees to add features to your E-Wallet from a bank account or debit card. We do not charge fees for transferring resources between E-Wallets accounts.

For a list of applicable fees for the E-Wallet USEND, visit www.usend.com/US/fees.html

If you use your E-Wallet to purchase a reloadable gift card or debit card from one of our participating sellers or financial institutions, the seller or financial institution may charge fees and charges directly, which the seller must inform you. Please contact us at the number or email address below if you have any questions.

11. Troubleshooting and contacting Customer Care. We value your business and are committed to providing state-of-the-art financial services. If you experience an error or problems using your E-Wallet USEND or our services, to report unauthorized use of your E-Wallet, or to file a complaint with us, please contact us through the following means:

Send an email to: info@usend.com
Or call: 888-305-7264
Or write to:
Pronto Money Transfer Inc.
Attention: Customer Service
111 N. Sepulveda Blvd., Suite 340
Manhattan Beach, CA 90266

Please contact us ASAP if you become aware of an error in an operation, any unauthorized use of your E-Wallet, or any other problem. When doing so, please provide the following information:
(a) Your name, address and telephone number;
(b) Your email;
(c) The date, dollar amount and beneficiary of the E-Wallet transaction; and
(d) The reason you believe an error has occurred and a copy of any supporting documentation.

We will help resolve any errors regarding our services. We will determine if an error has occurred within 90 days of your contacting us, and we will correct any error immediately. We will let you know the results within three business days of the end of our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of any documents we used in our investigation.

12. Term of Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO E-WALLET, INCLUDING, WITHOUT LIMITATION, WITHOUT LIMITATION A SPECIFIC PURPOSE.

13. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL PRONTO MONEY TRANSFER INC., ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INCIDENTAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, INDIVIDUAL, INCIDENTAL, INCIDENTAL, PUNITIVE, INDIRECT, INDIRECT, DAMAGES RESTRICTION, DAMAGES FOR LOSS OF PROFIT, INTERRUPTION OF BUSINESS OR ANY OTHER BUSINESS OR FINANCIAL DAMAGES OR OTHER LOSSES OF ANY KIND ARISING FROM THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE CONTAINED, DESPITE THEORY OF LIABILITY (AGREEMENT, CIVIL LIABILITY OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

14. Our responsibility for failure to make transactions. If we do not complete a transfer to/from your E-Wallet in time or at the correct amount in accordance with our Agreement with you, we will be responsible for your losses or damages that are subsequently caused by us. However, there are some exceptions. We will not be responsible for failure to complete an operation if, for example:

If it’s not our fault and there aren’t enough funds for the transfer;
The USEND or E-Wallet App was not working correctly and you knew of the problem when you started the transfer;
Circumstances beyond our control (such as fire, flood or pandemic) prevent the transfer despite satisfactory precautions we have taken;
If we have not completed the transaction because you have informed us that your mobile device containing access to your E-Wallet has been lost or stolen, or that someone has gained unauthorized access to your E-Wallet account;
If we do not complete the transaction because your E-Wallet has been suspended by us, or we have reason to believe that the transaction was not authorized by you; or
As otherwise set forth in this Agreement.

15. Expiration of unclaimed resources and assets. Resources in your E-Wallet do not expire automatically. However, if we do not have a record of E-Wallet activity for three years or more, applicable state law may require us to report and pay any unclaimed funds remaining on your E-Wallet, subject to permissible fees under US law. confiscation of property ("escheat") and property not claimed from your state of residence. If your E-Wallet has a balance remaining after a certain period of time, we may be required to ship such funds as abandoned goods to the appropriate state agency.

16. Security. You are fully responsible for maintaining the confidentiality of your E-Wallet user ID, passwords and access to your mobile device. If you share this information with someone else, that person may use your E-Wallet to transfer your resources to someone else or other services available through USEND, or to access your information and transaction history.

17. Information We Collect and How We Use It.
Information We Collect. When providing the E-Wallet services, USEND will collect the following information: (a) information such as your name, address, CPF, RG and e-mail address you provide when registering for an E-Wallet; and (b) information about transactions made to/from an E-Wallet, such as date, value and payee and/or drawer information.
How we use your information. We use your information to process transactions you have requested. We do not sell, trade, or otherwise transfer your personally identifiable information to external third parties. We may use or disclose your information to third parties (1) where necessary to complete transactions you have requested; (2) to obey government agencies, court order, subpoena or other legal disclosure requirements; (3) with your permission; or (4) to our trusted employees, auditors, affiliates, contractors or attorneys, as necessary and in compliance with applicable law.

18. Your responsibility for unauthorized operations. Contact us IMMEDIATELY if you believe that your E-Wallet, or the mobile device containing your E-Wallet, or any related PIN code or password has been lost, stolen, or used without your permission to transfer resources, or if you believe that an operation involving your E-Wallet has been done without your permission.
Contacting us immediately by phone is the best way to limit potential losses. You can call us at the Customer Service number, 888-305-7264. You can also email or write to Customer Service at the address given above.
If you notify us within two (2) Business Days after you learn of unauthorized access to your E-Wallet, the mobile device with your E-Wallet, or any related PIN code or password, you cannot lose more than $50 if someone has used your E-Wallet or related PIN code or password without your permission.
If you DO NOT notify us within 2 Business Days after you learn of the loss or theft of your E-Wallet or mobile device with your E-Wallet or any related PIN code or password, and we can prove that we could have prevented someone from using your E-Wallet without your permission if you had informed us, you could lose up to $500.
Also, if the account history extract made available to you shows transfers of resources from your E-Wallet that you have not made, please let us know right away. If you do not inform us within 60 days after the statement has been made available on the USEND E-Wallet App or on our USEND.com website, you will not be able to get back any money you have lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had informed us in time. If a good reason (such as a long trip or a hospital stay) has prevented you from informing us, we will extend the applicable deadlines.

19. Cancellation of an international money transfer via E-Wallet. If you are paying for an international money transfer via your E-Wallet, the transaction may be canceled for a refund of the full transfer amount and any fees paid within 30 minutes of payment, unless funds have been withdrawn or deposited in the recipient’s bank account. To request a 30-minute cancellation, please contact us at 888-305-7264 or info@usend.com.

20. Applicable legislation. This agreement will be governed by the laws of the State of California (disregarding the principles of jurisdiction of that state) and by applicable federal law. A determination that any provision of this agreement is unenforceable or invalid will not render any other provision of this agreement unenforceable or invalid.

21. Arbitration agreement and waiver of trial by the jury. PLEASE READ THIS PART OF THE AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT, YOU AGREE THAT ANY DISPUTES ARISING OUT OF YOUR E-WALLET ACCOUNT OR THIS AGREEMENT THAT CANNOT BE RESOLVED AMILY BETWEEN US, WILL BE RESOLVED BY BINDING ARBITRATION. IN THAT EVENT, THE ARBITRATION WILL SUBSTITUTE YOUR RIGHT TO GO TO THE COURTS, INCLUDING THE RIGHT TO HAVE A JUDGMENT BY THE JURY AND YOUR RIGHT TO PARTICIPATE AS REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A LEGAL ACTION OR PROCEEDINGS PRIVATE GENERAL ATTORNEY.

(a) What is arbitration? “Arbitration” is a dispute settlement process by which an independent third party (called an “arbitrator”) resolves a Dispute. A "Dispute" includes any type of claim or dispute between USEND and you. The term Dispute includes all claims or demands, past, present or future, and based on any legal or equitable theory (contract, civil liability or otherwise) and regardless of the type of measure sought. A Dispute includes, for example, any claim based on federal or state law, statute, ordinance, regulation or ordinary law, and any question as to the validity, enforceability or scope of such arbitration agreement.
(b) Arbitration Rules. In the event of a Dispute that we cannot amicably resolve related to or arising from your E-Wallet account or this Agreement, you agree to arbitrate the Dispute. Arbitration may be conducted by a single arbitrator from either JAMS or the American Arbitration Association ("AAA"), or another arbitration organization agreed between the two parties. If JAMS is chosen, arbitration will be handled in accordance with the JAMS Simplified Arbitration Rules. If AAA is chosen, arbitration will be handled in accordance with the AAA Commercial Arbitration Rules. You can obtain a copy of the JAMS rules by contacting www.jamsadr.com, and the AAA by contacting www.adr.org. Unless otherwise agreed by the parties, arbitration hearings will take place in the federal district where you reside. You further agree that any dispute as to whether your claim falls within the scope of this arbitration clause will be determined solely by the arbitrator and not by a court of law.
(c) Individual disputes only. Disputes may only be submitted for arbitration individually. Disputes subject to this arbitration provision may not be joined or consolidated in arbitration with any claim or dispute of any other person, or be arbitrated in the form of a class, in a representative capacity on behalf of the general public, or on behalf of any other person or group, unless otherwise agreed to by the parties in writing.
(d) Arbitration Fees. At your request, in the event of a Dispute associated with a customer account, USEND will advance its opening and hearing fees for any arbitration under this Agreement; the arbitrator will decide whether we or you will ultimately be responsible for these fees.
(e) Procedure. The arbitrator’s verification will bind both parties. The arbitrator will apply the applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”, Federal Arbitration Act), and will comply with all applicable claims of advantage and confidentiality recognized by law. All provisions that would otherwise apply will apply to all arbitration proceedings. It will be for the arbitrator to grant such remedy as would be available in court under the law or in equity. Any appropriate state or federal court may ratify the award on the arbitrator’s award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be regulated by the FAA.

Pontual E-Wallet | Complete and Initial Statements

Global User Account Fee Program

1. Start
Initial E-Wallet Account Opening Fee: Free

2. Monthly usage
Monthly Fee: Free
Direct Deposit Account (DDA): US$1.00

3. Expenses
Buy Gift Certificate: Free
Debit Card Account Opening Fee (one time): $1.50 to $10.00
Account Opening Fee with Virtual Debit Card: Free[a]

4. Add money
Add money to E-Wallet using Bank Account: Free
Adding Money to E-Wallet Using Debit Card: Free
Add money to E-Wallet using Credit Card: 2.75% of the transferred amount
Add money to the E-Wallet using wire transfer: US$ 15.00[b]

5. Transfer money from your account
Enter USEND Global Account E-Wallets: Free
Transfer to US bank account (money is usually available within 2 business days): Free
US bank account for same-day transfer (wire transfer): $20.00[c]
Sending international money via USEND.com: See the USEND Shipping Fee Program: www.usend.com/US/fees.html
International Transfer Shipping: US$ 30.00[d]

6. Information
Customer service (automatic or live agent): Free
Real Time Alerts: Free - Note: Your mobile operator’s text message and data rates may apply
Extracts and transaction history: Free

7. Others
Downtime: Free
Bill Payment: Up to $15.00
Debit Card Usage: Free

Important Additional Statements

(a) Customer Liability. Please let us know RIGHT NOW if you believe your E-Wallet code has been lost or stolen, or if you believe an electronic transfer of resources has been made without your permission using information from your E-Wallet account. Calling is the best way to keep your potential losses down. You could lose all the money in your account. If you inform us within 2 business days after you learn of your E-Wallet’s code lost or stolen, you may lose no more than $50 if someone has used your E-Wallet without your permission.
If you DO NOT inform us within 2 business days after you learn of your E-Wallet code being lost or stolen, and we can prove that we could have prevented someone from using your E-Wallet code without your permission if you had informed us, you you can lose up to $500.
Also, if your statement shows transfers you didn’t make, let us know right away. If you do not inform us within 60 days after the statement has been made available to you, you may not get back any money you lost after 60 days if we can prove that we could have prevented someone to take the money if you had informed us in time. If a good reason (such as a long trip or a hospital stay) has prevented you from informing us, we will extend the deadlines.

(b) Contact us in case of unauthorized transfer. If you believe that your E-Wallet code has been lost or stolen, please call: 888-305-7264 or write to:

Pronto Money Transfer Inc.
Attention: Customer Service
111 N. Sepulveda Blvd., Suite 340
Manhattan Beach, CA 90266

(c) Business days. For the purposes of these declarations, all days are business days (“Business Day”), except Saturdays, Sundays and national holidays.

(d) Types of Transfer and Limitations.
(1) Account Access. You can use your E-Wallet account to:
(i) Pay resource transfers through the USEND App or USEND website (when available).
(ii) Make resource transfers to other USEND E-Wallet holders.
(iii) Pay for the purchase of a gift certificate or debit cards from other participating sellers.
(2) Limitations on Access. You cannot use your E-Wallet account to:
(i) Making withdrawals from ATMs.
(ii) Make purchases at retail outlets.
(iii) Make online purchases or online bill payments.
(iv) Receive direct deposits to your E-Wallet account.
(v) Make pre-authorized payments.
[and]

(e) Fees. Our e-wallet fees are set out above. Our standard shipping rates are available here: www.usend.com/US/fees.html

(f) Confidentiality. We will disclose information to third parties about your account or transfers you make:
(i) Where necessary to complete transfers, or
(ii) To verify the existence and condition of your account to a third party, such as a credit bureau or merchant, or
(iii) To comply with government agencies or court orders, or
(iv) If you give us written permission.

(g) Documentation.
(1) Transfers via E-Wallet. You can get a receipt at the time you make a transfer to/from your account using our USEND E-Wallet App or via the USEND website (when available).
(2) Extracts from the history of operations. You can check your current E-Wallet balance and transaction history by consulting the E-Wallet USEND App or via the USEND website (when available).

(h) Financial Institution Liability. If we do not complete a transfer to/from your account in time or at the correct amount in accordance with our contract with you, we will be held liable for your loss or damage. However, there are some exceptions. We will not be held responsible, for example:
(1) If, through our fault, you do not have enough money in your account to make the transfer.
(2) If the transfer exceeds your available balance.
(3) If the system is not working properly and you know the crash when starting the transfer.
(4) If circumstances beyond our control (such as fire or flood) prevent the transfer despite satisfactory precautions we have taken.
(5) There may be other exceptions stated in our contract with you.

Contact Pronto Money Transfer Inc. by calling 1-888-305-7264, by mail at 111 N Sepulveda Blvd #340, Manhattan Beach, CA 90266, or visit www.usend.com. For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Bureau of Customer Financial Protection at 1-855-411-2372 or visit cfpb.gov/complaint.
For more complete terms and conditions, see the E-Wallet Customer Agreement available at: www.usend.com/br/br_e_wallet_agreement.html
[a]Addition of Debit Card - Virtual (NO FES)
[b]Change From Zero Fees to $15
[c]Added separate column to avoid confusion to customer (misleading)
[d]Added separate column to avoid confusion to customer (misleading)
[e]Removal of Limits