Last Updated: November 14, 2024
Welcome to Remitly Flex Plus membership, provided by Remitly ADV, Inc. (“Remitly”, “we”, “our”, “us”), a company registered in Delaware with our headquarters in Seattle, WA. This Agreement ("Agreement") outlines the terms and conditions under which you ("Customer", "you") may use our Remitly Flex Plus Membership (“Remitly Flex Plus”) service (“Service”). By accessing or using this Service, you agree to comply with and be bound by this Agreement. You can end this Agreement at any time by no longer using these products. Once you accept the electronic version of this Agreement, this Agreement becomes legally binding on you. Do not use this Service if you cannot agree to something in this Agreement. If you don't understand something or want more information, please take a look at the information on our website or mobile application (“Mobile App” or “in app”) or contact us at 1-888-736-4859.
We offer our Advance product on a non-recourse basis. We warrant that we have no legal or contractual claim or remedy against you based on a failure to repay an outstanding cash advance (“Advance”). Please refer to Section 3 below for more information.
You acknowledge that you have read, agree with, and accept all terms and conditions contained in this Agreement. In consideration of the promises and the respective representations, warranties, covenants, agreements and conditions contained below and on the following pages, you and Remitly enter into this Agreement and agree with, and accept, the terms and conditions set forth.
Information you should protect. Please be aware that we will never ask for your account or Mobile App password. If you think someone else may have accessed your Remitly account without your permission, notify us as soon as possible. For information about how we collect, store, use, and share your information, please see the Remitly Privacy Policy.
How to contact us for complaints, disputes, or other issues. We hope you love using Remitly Flex Plus. If we don’t meet your expectations, please call us at 1-888-736-4859 or chat with us in our Mobile App first to see if we can work things out.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 8 BELOW FOR MORE INFORMATION. THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING.
1. ABOUT THIS CUSTOMER AGREEMENT
Defined terms. Capitalized terms in this Agreement have a specific meaning. Their definition is explained in this Agreement and the defined term will show in bold.
Other Agreements. In addition to this Agreement, we require that you accept our: (i) Remittance User Agreement, (ii) Privacy Policy, (iii) Cookie Policy, (iv) E-Sign Agreement, and (v) the Payment Authorization Agreement. Please make sure that you read and understand our other terms that apply to your use of our Services.
2. MODIFICATION OF THIS AGREEMENT
Remitly reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website or in your app. You should check this Agreement periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the Mobile App, website or Remitly Flex Plus after any change to this Agreement constitutes your agreement to be bound by any such changes. Remitly may terminate, suspend, change, or restrict access to all or any part of the Mobile App, website or this Service without notice or liability.
3. DESCRIPTION OF OUR SERVICES; OUR WARRANTY TO YOU
Remitly’s mission is to transform lives with trusted financial services that transcend borders. We accomplish this through our Mobile App and supporting technology which provide personal financial service products. The Service provides you with access to the following, subject to the applicable terms:
Warranty. We offer Advances on a non-recourse basis. We warrant that we have no legal or contractual claim or remedy against you based on a failure to repay an Advance. We further warrant that, with respect to any Advance we provide to you, (i) we will not engage in any debt collection activities if you do not repay the Advance; (ii) we will not place the amount of the Advance as a debt with, or sell it to, a third party; and (iii) we will not report the Advance to any consumer reporting agency. However, we will not provide you any further Advances while any repayment remains outstanding.
Remitly does not waive any rights regarding fraudulent activity, and Remitly will pursue instances of fraud.
4. REMITLY FLEX PLUS MEMBERSHIP
ELIGIBILITY
By entering into this Agreement, you agree that you are at least 18 years of age and of sufficient legal age to enter into a contract in the state where you reside and you are a resident of the United States (“US”) when you execute this Agreement. You understand that not all products or functions of the Remitly App or Services are available in all states. You agree that you are under an affirmative obligation to notify us if your physical address changes for any reason.
Remitly Flex Plus is only available to customers based in select US states and sending to eligible corridors. To be eligible for Remitly Flex Plus, you must also meet certain minimum eligibility qualifications, including being in good standing with your Remitly account and pay $4.99 per month. The amount of your Remitly Flex Plus Advance will range from $50 to $250. We reserve the right to reduce or increase this range based on your repayment behavior.
You agree that you will use your Advance for remittance activity that complies with the Remitly User Agreement, including in compliance with the restrictions under Section 5 of the User Agreement.
We may change our eligibility criteria at any time without notice to you.
MEMBERSHIP FEE
Some Services may be available at no charge, while access to others may require a monthly fee (“Membership Fee”), detailed here. Any changes to available Services will be communicated to you before a change goes into effect to allow you to determine whether you wish to continue your membership or not and will be reflected in the Mobile App.
The Membership Fee is $4.99 per month. The Membership Fee amount is subject to change at our sole discretion. The Membership Fee will automatically renew every 30 days unless and until you cancel your membership in-app at your membership home. When you pay the Membership Fee, you have access to membership benefits for 30 days from the time you successfully made payment of the Membership Fee.
You authorize Remitly to electronically debit the Membership Fee from the debit card that you provide when signing up for Remitly Flex Plus. The Membership Fee will be debited separately from any payment made on your Advance.
Any fees charged as a result of your remittance, independent of whether such remittance was funded with an Advance, are charged separately and distinctly from the Membership Fee. We are not responsible for fees that may be imposed by financial institutions associated with your linked debit card, including any NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.
MAKING MEMBERSHIP PAYMENT; ADVANCE PAYMENTS
Membership Payments. Your monthly membership payment will be electronically debited from your linked debit card as follows:
We may reattempt your linked debit card if your payment cannot be completed on the agreed upon date. If we are unable to complete your monthly membership payment, you must go in the app and make a manual payment. Failure to make a monthly membership payment may impact your ability to use Remitly Flex Plus and its benefits.
Advance Payments. Your Advance can be repaid in one (1) installment by setting up automatic payments (“AutoPay”) or making a manual payment with your linked debit card. Repayments are typically debited on the same day as the payment is successfully completed in-app. At your discretion, you can make a partial payment of your Advance up to the total amount of your outstanding Advance.
AutoPay
You may choose to set up AutoPay to make payments on outstanding Advances. By signing up for AutoPay, you agree to the AutoPay terms in our Payment Authorization. We reserve the right to debit your linked debit card for Remitly Flex repayment on the scheduled repayment dates, pursuant to the terms of your AutoPay authorization. You can make changes to your AutoPay amount or payment method or turn off AutoPay at any time in your Remitly app. If you make a change to your AutoPay amount or payment method on the day that your AutoPay is due, it may take up to 24 hours for the change to become effective.
Manual Payment
You may choose to manually make an electronic payment of your Advance by paying the full outstanding Advance or making partial payments. If you do not make a payment on your scheduled payment date that is communicated in the Remitly app and on your periodic statement, this may impact your ability to take out another Advance.
You can make a partial payment of your Advance by going to your Remitly app and choosing “Other amount.” You can enter an amount up to your total outstanding Advance. By choosing this method, you will be required to authorize your debit card to be debited for a stated amount each time you make a payment.
CANCELING MEMBERSHIP
You can cancel your Remitly Flex Plus membership at any time. You must cancel your membership at least 3 business days before the scheduled date of the debit. Once you cancel, you will no longer have access to the Remitly Flex Plus benefits. You may continue to use the non-member Remitly Flex service at no additional cost. Canceling your membership with an outstanding balance may impact your ability to take out a future Advance with the non-member Remitly Flex service.
If you wish to cancel your membership, you must go to your Lending Home page and follow the instructions below:
If you believe that you should not have been charged a Membership Fee, please contact Customer Service in app or at 1-844-604-0924.
5. COMMUNICATIONS AND CONTACT INFORMATION
You consent to accept and receive communications from us including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide when you inquire about a loan or update your contact information. Such communications may include, but are not limited to, communications regarding applications for Advance, Advance decisions, disclosures, and other related requests, requests for secondary authentication, receipts, reminders, and notifications regarding updates to your account or account support. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages sent to you.
You may opt-out of receiving promotional email communications from us by following the unsubscribe options contained in such emails. You may opt out of any promotional phone calls from us by informing the caller that you would not like to receive future promotional calls. You may also opt out of text messages from us at any time by texting END to the number from which you received a text. You acknowledge that opting out of receiving communications may impact your use of our and/or Remitly’s services.
Questions, notifications, and requests for refunds or further information can be sent to Remitly, as follows: online; by telephone at 1-888-736-4859 (outside the United States, call (206) 535-6152); or by mail at Remitly ADV, Inc., attn: Remitly Flex Plus Customer Service, 1111 3rd Ave, Suite 2100, Seattle, WA 98101, USA.
6. INDEMNITY
You agree to indemnify and hold Remitly, Service Providers, and their respective subsidiaries, affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Remitly Flex Plus, your violation of this Agreement, or your violation of any rights of another.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMITLY, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF REMITLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF REMITLY, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
8. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
8.1. Disputes with Remitly. As used in this Agreement, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you and Remitly relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement.
If you or Remitly believe they may have a Claim against the other, you and Remitly both agree to discuss the Claim informally for a period of sixty days (60) to explore whether resolution is possible. During this period, you and Remitly agree that any applicable statute of limitations shall be tolled. This sixty (60) day period shall commence by sending a Claim Notice, which should include a brief description of the alleged Claim and the facts and law supporting the alleged Claim to the other party. You agree that you shall send a notice to us at Attn: Legal, 1111 3rd Avenue, 24th Floor, Seattle, WA 98101. Should Remitly believe it has a Claim against You, Remitly will notify you of that Claim by sending you an email to the address provided in the Profile section of your Remitly Account.
If you and Remitly are unable to resolve the alleged Claim within sixty (60) days of our receipt of a Claim Notice, the party asserting the Claim may then commence arbitration or a small-claims action as described below.
You and Remitly agree that sending a Claim Notice and engaging in the informal dispute processes discussed above is a prerequisite to commencing any arbitration or small-claims action. Failure to comply with the Claim Notice requirement is grounds for dismissal of any arbitration or small-claim action.
8.2. Arbitration.
You and Remitly agree that any Claim will be resolved by individual, binding arbitration. YOU AND REMITLY THEREBY EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The party pursuing arbitration will initiate such arbitration in JAMS, an established alternative dispute resolution (ADR) provider. Information regarding JAMS may be found on its website at https://www.jamsadr.com/. You and Remitly also agree that any dispute as to the applicability of this Section 8, the arbitrability of a Claim, or the scope or enforceability of this Section 8 will be decided by the arbitrator.
The rules governing any arbitration between You and Remitly will depend on the amount in controversy. For Claims between You and Remitly where the total value of all Claims (including attorneys’ fees to the extent provided under applicable law) exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures. A Copy of JAMS’ Comprehensive Arbitration Rules & Procedures is available at https://www.jamsadr.com/rules-comprehensive-arbitration/. For Claims between You and Remitly where the total value of all Claims (including attorneys’ fees to the extent provided under applicable law) do not exceed $250,000 then the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures. A copy of JAMS’ Streamlined Arbitration Rules & Procedures is available at https://www.jamsadr.com/rules-streamlined-arbitration/#Rule-1.
There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
8.2.A. Mass arbitration. Notwithstanding the foregoing, in the event that more than 75 customers, represented by the same, related, or coordinate attorney or law firm, initiate arbitration against Remitly which raise similar or related Claims, the Claims shall be administered as a mass arbitration under the JAMS Mass Arbitration Procedures and Guidelines (“Procedures”). In accordance with the Procedures, Claims may be consolidated or batched at the discretion of the JAMS arbitrator or a Process Administrator. When a mass arbitration is filed pursuant to the Procedures, the parties shall pay JAMS initial filing fee as set forth the JAMS Mass Arbitration Procedure Fee Schedule. A copy of JAMS’ Mass Arbitration Procedures and Guidelines is available at https://www.jamsadr.com/mass-arbitration-procedures. A copy of JAMS’ Mass Arbitration Procedure Fee Schedule is available at https://www.jamsadr.com/files/uploads/documents/massarbitrationprocedures-fs_4.29.24.pdf.
8.2.B. JURY WAIVER AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE CLAIMS AS PROVIDED IN THIS AGREEMENT YOU AND REMITLY ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
8.2.C. Opt-out. You may opt-out of this Section 8 by notifying us of your affirmative opt-out in writing within 30 calendar days after accepting this Agreement by sending us a notification via mail as follows: Remitly ADV, Inc., Attn: Legal, 1111 3rd Avenue, 24th Floor, Seattle, WA 98101. You must include in that notification a signed statement of Your intent to opt-out of this Section 8. A notice will be deemed timely if it is postmarked on or before the 30th calendar day after accepting this Agreement.
8.2.D. Small-Claims Court Exception. Notwithstanding the foregoing, you and Remitly agree that if the total value of all Claims between you and Remitly is below the jurisdictional limit of the small claims court in the state in which you reside, then the party asserting such Claims may do so in a small-claims action in the state in which you reside.
8.2.E. Costs and Fees. Payment of all filing, administration, and arbitrator fees will be governed by the applicable JAMS rules, subject to any state limitations on arbitration costs. If you prevail in arbitration, you may be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Remitly will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration unless the arbitrator finds that either the substance of your Claim or the relief sought to be frivolous or brought for an improper purpose.
8.2.F Federal Arbitration Act. You and Remitly agree that this Agreement evidences a transaction in interstate commerce and therefore the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies including its procedural provisions, in all respects. This means that the Federal Arbitration Act governs, among other things, the interpretation and enforcement of the Agreement to Arbitrate and all its provisions, including, without limitation, the class action waiver.
8.3. Forum for Claims. Should a court determine that this Section 19 is unenforceable, You and Remitly agree that any Claim must be resolved by any state or federal court located in or encompassing King County, Washington. You and Remitly agree to submit to personal jurisdiction of the state and federal courts located within and encompassing King County, Washington for purposes of litigating all such Claims.
8.4. Severability of Arbitration Provision. In the event that an arbitrator determines that 11.2.B (JURY WAIVER AND CLASS ACTION WAIVER) is unenforceable or invalid, this entire Section 8 shall be severed from the Agreement and the Agreement shall be enforced as if the Agreement did not contain this Section 8.
9. GOVERNING LAW
For disputes over the meaning of this Agreement, other than the terms of Section 8, you and Remitly agree that this Agreement shall be governed by, and all Claims resolved in accordance with the laws of Washington, except that body of law governing conflicts of laws, and all activities performed in connection with the Service shall be deemed to have been performed in Washington.
10. MISCELLANEOUS
10.1. Entire Agreement. The Agreement constitutes the entire agreement between you and Remitly and governs your use of the Service, superseding any prior agreements between you and Remitly.
10.2. No Waiver. The failure of Remitly to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
10.3. Force Majeure. Except to the extent required under applicable law with respect to an Advance, we shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.
10.4. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
10.5. Language. This Agreement is drafted in the English language and translations may be provided in other languages. You agree that the English version of the Agreement will control in the event of any inconsistency between the English and translated versions in any dispute related to this Agreement.
10.6. Other Terms. This Agreement may be supplemented by terms applicable to other promotions, our Referral Program, and other terms applicable to you based upon your use of the services. These terms are incorporated into this Agreement by reference. Unless otherwise noted herein, in the event of a conflict between this Agreement and any other agreement you may enter with Remitly or another member of the Remitly Group, the terms of this Agreement shall prevail.
