1. Who we are and how the Services are provided
ⓘ Xpat is run by Remit2Any Inc., a Washington company, and regulated partners actually hold and move your money.
Xpat (Xpat.Money) is a brand of Remit2Any Inc., a financial technology company incorporated in the State of Washington, United States (Registration No. 604871470). Our address is 3206 93rd Pl SE, Everett, WA 98208, United States.
We are not a bank and we do not accept deposits. We are not a licensed money transmitter in every jurisdiction. We build the Xpat app and website, and we work with regulated partners who provide the underlying money transmission, payment, account and banking services. Depending on the service you use, those partners include:
- Cross River Bank, Member FDIC, our banking partner.
- Bivo Inc. (NMLS 2572288), a licensed money transmitter that provides the Cash Plus Account.
- Cybrid Payments Inc. and Cybrid Inc., registered with FinCEN as money services businesses, and Cybrid Canada Inc., registered with FINTRAC, which provide the USD Wallet that is being retired.
- Regulated banking and payment partners in India. INR payouts may be processed through any of them, and the institution processing a particular payment may vary.
The full list, with registration numbers, is on our Licenses & partners page. When a partner provides a service, you may also need to accept that partner’s own terms. If a partner’s terms conflict with these Terms about that partner’s service, the partner’s terms control for that service.
Xpat itself is not FDIC-insured. FDIC insurance, where it applies at all, covers the failure of an insured bank, not the failure of Xpat or a money transmitter. See the Cash Plus Account disclosure for how Cash Plus Account funds are held.
2. This agreement and the other terms that are part of it
ⓘ By using Xpat you accept these Terms, plus the specific policies for the features you use.
You accept these Terms when you create an account, tick a box or tap a button that says you agree, or use the Services. If you don’t agree, please don’t use the Services.
These policies form part of these Terms and apply when relevant to what you do:
If one of those policies conflicts with these Terms on a specific topic, the more specific policy controls on that topic. Nothing in these Terms takes away rights you have under laws that can’t be waived by contract, including the federal Remittance Transfer Rule and the Electronic Fund Transfer Act where they apply.
All of our legal documents are collected in one place at Legal.
3. Who can use Xpat
ⓘ You must be an adult living in the US, using Xpat for yourself, and not on any sanctions list.
To open a personal Xpat account you must:
- be at least 18 years old and able to enter a binding contract;
- live in the United States, in a state where the relevant service is offered, and have a US mobile number;
- be acting for yourself and not on behalf of anyone else;
- not be named on, owned or controlled by anyone named on, or located in a country or region subject to, US sanctions (including lists kept by the Office of Foreign Assets Control); and
- not have had an Xpat account closed by us, unless we have agreed in writing that you may open a new one.
Some features have extra requirements. For example, certain transfers and limits require your full Social Security Number, and the Cash Plus Account is opened with Bivo after its own checks. Not every feature is available in every state.
Personal and business use
A personal account is for personal, family and household purposes only. If you want to receive payments for goods or services, you must use Get paid under the Merchant terms or a separate Xpat Business profile, which may have its own terms. We may move, limit or close a personal account that is being used for business.
4. Your account and keeping it secure
ⓘ You get one account, you keep your sign-in safe, and you tell us right away if something looks wrong.
One account per person. You may hold only one personal Xpat account. Opening more than one, or opening an account for someone else, is not allowed and may lead us to close all related accounts and cancel any rewards earned through them.
You are responsible for keeping your device, passwords, one-time codes and sign-in methods (including Google or Apple sign-in) private and secure. Never share a one-time code with anyone, including someone who says they work for Xpat. We will never ask you for a code by phone, text or chat.
We may ask for a one-time code before sensitive actions, such as withdrawing money, paying someone by phone or closing your account. Instructions given through your account using your credentials are treated as given by you, except where the law says otherwise for unauthorized transfers.
Contact details
For your protection, you can’t change your registered mobile number or email address yourself in the app. Contact support and we will verify your identity before making the change. We may ask for additional documents to do so.
Tell us quickly
If you think your account, device or credentials have been compromised, or you see a transaction you don’t recognize, contact us immediately through in-app chat, at support@xpat.money or on +1 866-421-4888. Telling us quickly is the best way to limit losses, and for some accounts your legal protections depend on how fast you report.
5. Identity verification and accurate information
ⓘ The law requires us to know who you are, and everything you tell us must be true and kept up to date.
Federal law requires financial services providers to obtain, verify and record information that identifies each customer. We and our partners will ask for information such as your name, address, date of birth, Social Security Number and identity documents, and may ask for more at any time, including information about your source of funds, the purpose of a transfer or your relationship to a recipient.
We use identity verification providers, such as Persona for US checks and HyperVerge for Indian identity checks, and we may check your information against public records, credit bureau identity services, fraud databases and sanctions lists. The Identity verification page explains this in more detail.
You agree that:
- all information you give us is true, complete and current, and you will update it promptly if it changes;
- you will not use another person’s identity or documents, or a made-up identity; and
- you authorize us and our partners to verify your information directly or through third parties.
If we can’t verify you, or you don’t give us information we ask for, we may limit your account, delay or decline transactions, or close your account. Your SSN is always shown fully masked in the app, and we don’t offer downloads of your identity documents: they are shown as verified.
6. The Services
ⓘ This section lists what Xpat offers today; features may change, and some have their own terms.
The Services currently include the following. Availability depends on your state, your verification level and your account settings.
- Send to India. Send US dollars to be delivered in rupees to your own NRO, NRE or savings account, another person’s Indian bank account, or a UPI ID. See sections 7 and 8.
- Cash Plus Account. A US account with account and routing numbers, provided by Bivo, for receiving direct deposits and ACH transfers, adding money from a linked bank, withdrawing, paying others and funding transfers. It is not a bank account. See the Cash Plus Account disclosure.
- USD Wallet (being retired). The USD Wallet, provided by Cybrid, is being retired. It is shown only while it holds a balance, and you can move that balance to your Cash Plus Account. No new features will be added to it.
- Pay by phone. Send dollars from your Cash Plus Account to someone’s US mobile number. If the person isn’t an Xpat customer, they get a link to claim the money. If it isn’t claimed within 7 days, the payment expires and the money returns to your Xpat balance or original funding source, where supported.
- Circles. Groups that pool or split shared costs. Contributions come from members’ Cash Plus Accounts. Each member is responsible for their own contributions, and Xpat does not manage or guarantee how a Circle’s members settle up among themselves.
- Get paid. Create payment links and requests and receive payments through Pay with Xpat checkout, under the Merchant terms.
- High Yield. Where your account settings allow it, a program described in the High Yield terms. It is not a bank deposit.
- Rewards. Transfer Credit, coupons, scratch cards, referral bonuses and gift cards, under the Transfer Credit terms, Referral program terms and Rewards, coupons & gift cards.
- Partner services. Links to services run by others, such as India-to-abroad payments and repatriation, mutual fund investing through goINRI and tax help through Rally Tax. See section 21.
We may add, change, suspend or discontinue features. Where a change materially reduces a service you use, we will give you notice as described in section 30, unless the change is needed for legal, security or fraud reasons.
Accounts for India-based NRE/NRO products are not yet available for real customers. Until they launch, any India account features you see are for information or demonstration only and are clearly labelled.
7. Sending money to India
ⓘ You see the full price before you pay, we lock the rate briefly, and delivery depends on banks we don’t control.
What you see before you pay
Before you confirm a transfer, we show you a disclosure with the amount you send, any fee, the exchange rate, any taxes we collect, the amount your recipient will receive, and the estimated delivery time. After you pay, we give you a receipt with the same information plus your cancellation and error rights. These disclosures are provided electronically, as described in section 19.
Exchange rate lock
The rate shown is locked for a short window, shown in the app, while you review and confirm. If the window ends before you confirm, we will show you a new rate, which may be higher or lower. Once you confirm and pay, the rate on your receipt applies to that transfer. For a scheduled transfer, the rate is locked when you schedule it — see “Scheduled transfers” below.
Speeds and delivery times
We may offer different delivery options, such as Prime (to your own NRO account), Standard, and Express (to a UPI ID). Each option shows its own rate, fee and estimated delivery time. Delivery times are estimates, not guarantees. Transfers can be delayed by bank holidays in either country, cut-off times, the recipient bank, payment network outages, compliance reviews, incorrect details or a funding debit that has not yet cleared. The date of availability shown on your receipt is the date we commit to for Regulation E purposes.
How international transfers are delivered
For international money transfers, our partner will convert your fiat currency into stablecoins like USDC or Bitcoin and then transfer them via blockchain to our partner in the recipient’s country. The partner will then convert the cryptocurrency back into fiat currency and deposit it into the recipient’s bank account, typically within seconds or minutes. Please be aware of the following considerations during the transfer:
- Cryptocurrencies, including stablecoins, are not insured by any government entity, including the FDIC.
- The crypto exchanges involved may be vulnerable to cyberattacks and technical failures, potentially leading to the loss or theft of cryptocurrency.
- Cryptocurrencies are not regulated by central banks, which means no corrective measures are in place to protect their value during a crisis.
- Legal changes affecting cryptocurrency can occur suddenly and without notice, potentially impacting the ability to draw value from transactions.
- Cryptocurrencies are not legal tender and are not backed by any government.
- The value of cryptocurrencies depends on their continued acceptance by the market. Loss of confidence could severely diminish their value, potentially leading to total loss if the market collapses.
Recipient details
You are responsible for entering the right recipient details, including the name, account number, IFSC code or UPI ID. Banks and UPI may credit a payment based on the account number or UPI ID alone, without checking the name. If you give us an incorrect account number or recipient identifier, and the money is deposited to the wrong account, we will try to recover it, but we may not be able to, and you may lose the money, as allowed by the Remittance Transfer Rule. The Refunds, cancellations & errors policy explains this.
Purpose of transfer and own-account transfers
We ask for the purpose of each transfer and may ask for supporting information. When you say you are sending to your own account, you confirm the account is in your name. Certain prices, Transfer Credit and rate boosts apply only to transfers to your own NRO account.
Large transfers
Transfers above certain amounts need extra checks, which may include documents collected through Persona, and single transfers above ₹5,00,000 must be funded from your Cash Plus Account. See section 11.
Scheduled transfers
You can schedule a transfer for a future date. The exchange rate shown when you schedule the transfer is locked, and that locked rate applies when the scheduled transfer is processed. If a scheduled transfer is cancelled, expires, fails or otherwise can’t be completed, any new or resubmitted transfer uses the exchange rate available when that new transfer is initiated. We send you the required disclosures before each transfer is sent. You can cancel a scheduled transfer in the app while it shows as Scheduled. Once it is Processing, cancellation is subject to your remittance rights (see section 8) and to whether we can still stop it. If the funding source does not have enough money on the scheduled date, the transfer may not be sent.
Free first transfer
Eligible new customers may be offered a one-time transfer of up to $10 at our cost to their own Indian account or UPI ID, within the time shown in the offer. The offer may be withdrawn at any time and can’t be combined with other offers unless the app says so.
8. Cancellations, refunds and errors on transfers
ⓘ You can cancel within 30 minutes for a full refund, and you have 180 days to tell us about an error.
Transfers to India from the US are generally “remittance transfers” under the federal Remittance Transfer Rule (Regulation E, Subpart B). That rule gives you the rights below. The full process is in our Refunds, cancellations & errors policy, and your receipt also describes them.
Cancellation
You can cancel a transfer within 30 minutes of paying for it and get a full refund, including fees, as long as the money has not yet been picked up or deposited into the recipient’s account. To cancel, contact support by in-app chat, at support@xpat.money or on +1 866-421-4888, with the transfer reference. We refund within three business days of your cancellation request, to the original funding source where possible.
Errors
If you think there is an error with a transfer, for example the recipient received less than shown on your receipt or the money didn’t arrive by the promised date, you must tell us within 180 days of the date of availability shown on your receipt. When you contact us, give us your name, contact details, the recipient’s details, the transfer details and what you think went wrong.
- We investigate and decide whether an error occurred within 90 days of receiving your notice.
- We tell you the result within 3 business days of completing our investigation.
- If there was an error, we will correct it as the law requires. Depending on the error, that may mean refunding the amount that was not received, refunding fees, or sending the money again at no extra cost.
- If we decide there was no error, we explain why and you may ask for the documents we relied on.
If a transfer can’t be completed, for example because the recipient bank rejects it, we will refund you as described in that policy. Refunds of transfers funded by ACH may wait until the original debit has settled.
Your cancellation and error rights don’t cover a transfer you authorized to someone who later turns out to be a scammer, if the money was delivered to the account details you gave us. See section 15.
9. Paying for transfers and other payments
ⓘ You can pay from your Cash Plus Account, a linked US bank account or, at some checkouts, a card, and you must own or be allowed to use it.
Depending on the service, you can fund payments from your Cash Plus Account, from a US bank account you link to Xpat (usually through Plaid), or, when paying a merchant through Pay with Xpat checkout, from a debit or credit card processed by Stripe.
You confirm that you own, or are fully authorized to use, every funding source you add. We may refuse a funding source, limit how much you can send from it, or remove it, for example if it can’t be verified or has had returned payments.
Money must be in the funding source before a transaction can be completed. A transfer is not sent until we have been able to collect, or reasonably confirm, the funds.
Cards and chargebacks
When a card is accepted at checkout, the card fee (if any) is shown to you before you pay. Card payments are subject to your card issuer’s terms and the card network rules. If you dispute a card payment with your card issuer, please contact us first: many problems can be fixed faster directly. If you file a chargeback for a payment you actually authorized and received, we may treat the disputed amount as money you owe us under section 17, limit your account and refuse future card payments from you.
10. Bank (ACH) payments, holds and returns
ⓘ When you pay from a bank account you authorize the debit, we may hold funds until it clears, and if it bounces you must repay us.
Your authorization
When you add money, send a transfer or make a payment from a linked bank account, you authorize us and our partners to electronically debit that account for the amount shown, and, if needed, to credit it to correct an error or make a refund. The full terms are in our ACH authorization, which forms part of these Terms. ACH payments are governed by the NACHA Operating Rules and US law.
You agree that you will:
- have enough available money in the account when the debit is presented;
- only link accounts you own or are fully authorized to debit; and
- not dispute an ACH debit with your bank as unauthorized if you actually authorized it. If you think a debit was wrong, tell us first so we can look into it.
Holds and availability
ACH debits take time to settle and can be returned for days or, in some cases, weeks after they appear to clear. For that reason, money you add to your Cash Plus Account from a linked bank is usually held for about 2 business days before it is available, and we may hold funds longer, limit their use, or delay a transfer funded by ACH until we are reasonably satisfied that the debit will not be returned. We may apply different holds based on your history, the amount and our risk assessment.
If we deliver money to your recipient, or make funds available to you, before the debit has fully settled, we do so at our discretion and you remain responsible if the debit is later returned.
Returned debits
A debit can be returned for many reasons, for example insufficient funds, a closed or frozen account, an invalid account number, or a claim by the account holder that the debit was not authorized. If a debit is returned for any reason:
- we may cancel or stop the related transfer or payment if it has not yet been delivered;
- if the transfer has already been delivered, or rupees have already been paid out to your recipient, you owe us the full amount we paid out or made available, plus any applicable fees;
- we may automatically reverse any related credit to your Xpat balance and recover what you owe from any balance you hold with Xpat — including your Cash Plus Account and money that arrives later, such as a direct deposit — or by a recovery debit to your linked bank account, as described in section 17 and the ACH authorization;
- we may re-present the debit to your bank, once or more, where the NACHA Operating Rules allow;
- we may recover any actual third-party or bank charges caused by the return (Xpat does not currently charge its own returned-payment fee, and will tell you before introducing one); and
- we may limit or suspend your account, remove the linked bank account, and stop accepting ACH funding from you.
Returning or disputing a debit, revoking your ACH authorization, or closing your bank account does not cancel what you owe for a transfer or service we have already provided. How we recover it automatically, and when we will ask for a new authorization, is set out in “Automatic recovery of amounts you owe” in the ACH authorization.
Unauthorized-return claims
If you or someone using your bank account tells the bank that a debit you authorized was unauthorized, you agree to cooperate with our investigation, including by giving us a written statement. Making a false claim of an unauthorized debit is a breach of these Terms, and we may report it to fraud prevention databases and pursue recovery of the amount, including through collection agencies and legal action.
11. Limits
ⓘ There are limits on how much you can send, and they depend on how fully you’re verified and how you pay.
We set limits on the amount and number of transactions you can make. Limits protect you and us, and help us meet our legal obligations. They can depend on your verification level, your funding source, your history with us and the service you use. Your current limits are shown in the app.
For transfers to India, the current daily limits are:
| Your verification | Daily limit |
|---|
| Verified without a full SSN | ₹2,50,000 per day |
| Verified with a full SSN | Up to ₹12,00,000 per day |
| Larger transfers after enhanced checks | Higher amounts, reviewed case by case |
Single transfers above ₹5,00,000 must be funded from your Cash Plus Account. Adding money from a linked bank, withdrawals and Pay by phone have their own limits, shown in the app.
We may change your limits at any time, including lowering them without advance notice if needed for security, fraud prevention or legal reasons. Breaking a large payment into smaller ones to avoid a limit or a reporting requirement is not allowed.
12. Fees and exchange rates
ⓘ You always see the fee and the rate before you confirm, and we earn money from both.
Any fee for a transfer or payment, and the exchange rate we will use, are shown to you before you confirm. Some transfers have no fee. Fees for other services, such as instant withdrawals or card payments at checkout, are shown before you confirm those actions.
Our exchange rate includes a margin over the rate we obtain from our partners. That margin is how we earn money on many transfers, including transfers with no fee. The rate we show is the rate that applies to your transfer; we don’t add any further currency conversion charge after you confirm.
Your own bank, card issuer or the recipient’s bank may charge their own fees, which are outside our control. Where we know about fees charged by the recipient’s bank, we disclose them as the Remittance Transfer Rule requires.
We may change our fees and rates at any time. Changes apply to transactions you confirm after the change. We won’t change the fee or rate on a transfer you have already confirmed and paid for.
13. Taxes
ⓘ Where Indian law requires tax to be withheld on a transfer we pay it for your recipient, but your own taxes are your responsibility.
Where Indian tax law requires tax to be deducted at source (TDS) on a remittance we handle, Xpat pays the TDS (currently 1%) on the recipient’s behalf, so it is not taken out of the amount shown to you. The recipient may be able to claim credit for it in their Indian tax return. We will provide the information we are required to provide for that purpose.
Apart from that, you are responsible for your own taxes, including reporting income, interest or rewards, and for complying with US and Indian rules on foreign accounts and transfers. We may report information about your account to tax authorities when the law requires, and we may ask you for tax forms such as a Form W-9.
We don’t give tax, legal or investment advice. Information in the app about taxes is general and is not a substitute for advice from a qualified professional.
14. Prohibited activities
ⓘ Don’t use Xpat for anything illegal, risky or dishonest; this list gives examples.
You must not use the Services, or allow anyone else to use your account, to do any of the following:
- break any law, regulation or court order, including money transmission, anti-money-laundering, sanctions, tax, consumer protection and foreign exchange laws in the US or India;
- send money to or receive money from a person, entity or country subject to US sanctions, or try to get around sanctions screening;
- launder money, finance terrorism, or structure transactions to avoid limits or reporting requirements;
- act as a money mule, meaning receiving money from others and passing it on, or letting someone else use your account, card, bank account or identity;
- take part in scams or fraud of any kind, including romance, investment, job, lottery, impersonation, advance-fee, tech-support and invoice scams, whether as the scammer or knowingly helping one;
- pay for or receive money from gambling, betting, lotteries or games of chance;
- buy, sell or exchange cryptocurrency or other digital assets, or fund a crypto exchange or wallet;
- buy or sell illegal drugs, weapons, counterfeit goods, stolen property, adult content or any other illegal goods or services;
- use a personal account for business purposes, including receiving payments from customers, running payroll or acting as a payment agent for others;
- use the Services as an informal money transfer system (such as hawala), or offer money transfer services to others;
- make payments that are not for a genuine purpose, including artificial or circular transactions intended to earn rewards, boost limits or manipulate rates;
- open more than one personal account, use someone else’s identity, or give false or misleading information;
- abuse promotions, referral programs, coupons or gift cards, including self-referral or using multiple accounts;
- file false chargebacks or false claims that an ACH debit was unauthorized;
- harass, threaten or defraud any person, including our staff;
- access the Services through automated means, scrape, reverse engineer, interfere with or try to bypass any security feature, or introduce malware; or
- resell, sublicense or provide the Services to others without our written agreement.
If we reasonably believe you have broken this section, we may take any of the actions in sections 16 to 18, report the activity to the authorities, and recover from you any losses, fees, fines or costs it causes us.
15. Fraud, scams and protecting yourself
ⓘ Only send money to people you know and trust, because we usually can’t recover money you chose to send to a scammer.
Scammers often pretend to be family members, government officials, bank or Xpat staff, employers, landlords, romantic partners or investment advisers, and they create urgency to pressure you into sending money. Only send money to people you know and trust.
Before you send, please remember:
- Xpat will never ask you to send money to us or anyone else, to move money “to keep it safe”, or to share a one-time code or password.
- Be wary of anyone asking you to pay with a transfer, a gift card or a payment to a new account you haven’t used before, especially if they won’t speak by phone or meet in person.
- If an offer or a story seems too good to be true, or you feel rushed, stop and check with someone you trust.
- Verify bank details directly with the recipient using contact details you already have, not ones given in the same message.
If you authorize a transfer and it is delivered to the account you specified, you are responsible for it, even if you were tricked into sending it. We will try to help if you report a scam quickly, for example by attempting to stop or recall the payment, but once money has been credited to the recipient we usually can’t get it back, and we are not required to refund it.
This does not limit your rights for transactions you did not authorize. If someone else accessed your account without permission, tell us immediately. Your rights for unauthorized electronic fund transfers on your Cash Plus Account are set out in the Bivo Account Agreement and the Cash Plus Account disclosure.
To protect customers, we may contact you before sending a transfer, ask questions about it, delay it or decline it if we suspect a scam. We may also share information about suspected fraud with banks, our partners, fraud prevention databases and law enforcement.
16. Reviews, holds, refusals and reversals
ⓘ To meet the law and stop fraud, we can check, delay, refuse or reverse transactions and freeze accounts.
We and our partners screen and monitor accounts and transactions to meet our obligations under the Bank Secrecy Act, anti-money-laundering laws, OFAC sanctions rules and other laws, and to protect customers from fraud. To do that, we may, at our reasonable discretion and to the extent permitted by law:
- review any transaction or account, and ask you for information or documents;
- delay a transaction while we review it, even beyond the estimated delivery time;
- refuse, cancel or return any transaction;
- reverse a transaction that was made in error, without authorization or in breach of these Terms;
- place a hold on, freeze or block funds in your account;
- lower your limits or turn off features; and
- suspend or close your account.
We may be prohibited by law from telling you why we have taken an action, or that a review is happening. Where we can, we will tell you and explain what you can do. If we cancel a transfer before it is sent, we will refund the amount you paid, unless the law requires us to hold, block or surrender the funds, for example because of a sanctions match or a court order.
We may also comply with subpoenas, levies, garnishments and other legal orders we believe are valid, and charge you for our reasonable costs of doing so where permitted.
17. Money you owe us, set-off and negative balances
ⓘ If you end up owing us money, we can take it from your Xpat balances or linked account and may use collection agencies.
You owe us any amount we pay out or make available on your behalf that we later can’t collect, including because of a returned ACH debit, a chargeback, a reversal, an error in your favour, a fee, or a transfer delivered to your recipient that was not fully funded. You agree to pay us that amount on demand.
If your Cash Plus Account or any Xpat balance goes negative, you must bring it back to zero promptly. To recover money you owe us, you authorize us, to the extent permitted by law, to do any of the following automatically and without further demand, except where the law requires us to give you notice:
- set off the amount against any balance you hold with Xpat or through our partners, including funds that arrive later, such as a direct deposit or an incoming payment;
- debit any bank account or card you have linked to Xpat for the amount you owe, under the ACH authorization — for a linked bank account, we will tell you the amount and date at least 10 days before the debit;
- cancel transfers you have scheduled or that have not yet been delivered;
- withhold rewards, credits or bonuses; and
- refer the debt to a collection agency, report it to fraud prevention or consumer reporting agencies where permitted, and take legal action, and you agree to pay our reasonable costs of collection where the law allows.
If we credit money to you by mistake, you must not spend it and must return it. We may reverse a mistaken credit at any time.
18. Suspension and closing your account
ⓘ You can close your account at any time, we can close it too, and any money left will be returned to you unless the law says otherwise.
If you close your account
You can close your account at any time in the app (we will ask for a one-time code) or by contacting support. Before you close it, please move any balance out, and let pending transfers finish. Closing your account doesn’t cancel obligations you already have, such as money you owe us.
If we suspend or close your account
We may suspend, restrict or close your account, or stop providing any Service, at any time, including if:
- you break these Terms or any policy that forms part of them;
- we suspect fraud, a scam, money laundering or other illegal activity;
- we are required to by law, a regulator, a court or one of our partners;
- you give us false information or we can’t verify your identity;
- your account has had returned payments, chargebacks or a negative balance;
- your account has been inactive for a long period; or
- we decide to stop offering a service in your state or at all.
Where we can, we will give you advance notice. We may act immediately where we reasonably believe it is needed for legal, security or fraud reasons, and we may not always be able to explain why.
What happens to your balances
When an account is closed, we will cancel any pending transfers that have not been sent, and refund them as described in section 8. Once any holds, reviews and amounts you owe us are resolved, we will return your remaining balance to a bank account in your name that we have verified, or by another method allowed by law. We may hold funds for as long as reasonably necessary to protect against returns, chargebacks, claims and liabilities, or as required by law or a legal order.
Unclaimed property
If your account is inactive and we or our partners can’t reach you, state unclaimed property laws may require any remaining balance to be turned over to the state. Before that happens, we will try to contact you as the law requires. After funds are turned over, you need to claim them from the state.
19. Electronic communications, texts and WhatsApp
ⓘ We send notices, receipts and disclosures electronically, and you can stop marketing messages at any time.
Electronic records
By using the Services, you agree to receive these Terms, disclosures, receipts, statements, notices and other communications electronically, through the app, by email, by text message or on our website, under the federal E-SIGN Act. The details, including how to withdraw consent and what hardware and software you need, are in our Electronic communications agreement. If you withdraw your consent, we may have to close your account, because the Services are provided electronically.
You must keep your email address and mobile number current (changes go through support), and check your messages. A notice is treated as received when we send it to the email or number on your account or post it in the app.
Texts, WhatsApp and calls
You agree that we and our service providers may contact you by SMS, WhatsApp, push notification, email and phone, including by automated means, at the contact details you give us, for account security (such as one-time codes), transaction updates, service messages and, if you allow it, marketing. Message and data rates may apply, and message frequency varies.
You can stop marketing texts by replying STOP, and get help by replying HELP. You can turn off marketing messages on other channels in your settings or by contacting us. We may still send you messages that are needed to run your account, such as one-time codes and transaction alerts.
Recording
We may monitor and record calls and chats with us for quality, training, security and compliance purposes.
20. Privacy
ⓘ Our Privacy Policy explains what personal information we collect and how we use and share it.
Our Privacy Policy explains how we collect, use, share and protect your personal information, including the notices required by the Gramm-Leach-Bliley Act, the rights available to California residents, and how we handle information about people in India. By using the Services you acknowledge that we process your information as described there.
When you give us information about other people, such as a recipient, a Circle member or someone you pay by phone, you confirm that you are allowed to share it with us for that purpose.
21. Partners and third-party services
ⓘ Some parts of Xpat are provided by other companies, and their terms and limits also apply.
The Services rely on third parties, including our banking and money transmission partners, Plaid for linking bank accounts, Persona and HyperVerge for identity verification, Stripe for card payments, Atomic for switching direct deposits, and cloud, messaging and support providers.
Plaid. When you link a bank account through Plaid, you authorize Plaid to access your account information on our behalf, and you agree to Plaid’s end user privacy policy. You authorize us to obtain your account and routing numbers, account ownership details, balances and transaction information to verify the account, assess risk and process payments.
Partner services. Some features take you to services run by others, such as India-to-abroad payments under the Liberalised Remittance Scheme and repatriation (handled by partners, not by Xpat as remitter), mutual fund investing through goINRI, and tax services through Rally Tax. Those services are provided by those companies under their own terms and privacy policies. We may receive a referral fee or other payment from them. We are not responsible for their services, advice, products or results, and investments carry risk, including loss of principal.
We don’t control third-party websites or apps and aren’t responsible for them. Links are provided for convenience only.
23. Our intellectual property, your licence and feedback
ⓘ We own the Xpat app and brand, and you may use them only to use the Services.
The Services, including the app, website, software, design, text, graphics and the Xpat name and logos, belong to Remit2Any Inc. or our licensors and are protected by intellectual property laws.
Subject to these Terms, we give you a limited, personal, revocable, non-exclusive, non-transferable licence to install and use the Xpat app on devices you own or control, and to use the website, solely to use the Services for yourself. You may not copy, modify, distribute, sell, rent, decompile or create derivative works from any part of the Services, or use our name or logos, without our written permission. If you download the app from an app store, that store’s terms also apply, and the store is not responsible for the app.
Feedback
If you send us ideas, suggestions or feedback, you agree that we may use them for any purpose without paying you or owing you anything, and that they do not need to be kept confidential.
24. Disclaimers
ⓘ We work hard to keep Xpat running well, but we can’t promise it will always be available or error-free.
We aim to provide the Services with reasonable skill and care. However, to the fullest extent permitted by law, and except for the commitments expressly set out in these Terms and the rights you have by law, the Services are provided “as is” and “as available”, and we and our partners disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We don’t promise that the Services will be uninterrupted, timely, secure or free of errors, that any delivery time will be met, or that information in the app, such as rate charts, calculators, guides and educational content, is complete or current. Rates and estimates shown before you start a transfer are for information until you confirm.
We are not responsible for the goods or services you pay for with Xpat, or for the conduct of anyone you send money to or receive money from.
Some states don’t allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
25. Limitation of liability
ⓘ Our responsibility for losses is limited, except where the law doesn’t allow us to limit it.
Nothing in these Terms limits our liability where the law doesn’t allow it to be limited, including our obligations under the Remittance Transfer Rule and the Electronic Fund Transfer Act, or liability for our fraud, gross negligence or wilful misconduct.
Subject to that, and to the fullest extent permitted by law:
- neither Xpat nor its partners, officers, directors, employees or agents will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, arising from or related to the Services or these Terms, even if told such damages were possible;
- we are not liable for losses caused by your failure to keep your credentials secure, by incorrect information you give us, by a transfer you authorized to a scammer, or by the acts or failures of banks, payment networks or other parties we don’t control; and
- our total liability to you for all claims arising from or related to the Services or these Terms will not exceed the greater of (a) the amount of the transaction that gave rise to the claim plus the fees you paid us for it, and (b) the total fees you paid us in the 12 months before the claim arose.
These limits apply whatever the legal theory of the claim, and they are an essential part of the bargain between us.
26. Indemnity
ⓘ If your misuse of Xpat causes us losses or legal claims, you agree to cover them.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Remit2Any Inc., our partners, and our and their officers, directors, employees and agents from any claims, losses, liabilities, fines, penalties, costs and expenses (including reasonable legal fees) arising from:
- your breach of these Terms or any policy that forms part of them;
- your violation of any law or the rights of any third party;
- any returned debit, chargeback or false claim of an unauthorized transaction connected to your account; or
- any use of your account by someone you allowed to use it, or whose use resulted from your failure to keep your credentials secure.
We may take control of the defence of any claim at our own cost, and you will cooperate with us.
27. Events outside our control
ⓘ We aren’t responsible for delays or failures caused by things we can’t reasonably control.
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, sanctions, changes in law, strikes, power or internet outages, failures of banks, payment systems, UPI or other networks, cyberattacks, and the actions of regulators or partners. Where such an event affects a remittance transfer, we will still meet our obligations under the Remittance Transfer Rule to the extent it requires.
28. Resolving disputes: informal first, then individual arbitration
ⓘ If we disagree, we first try to fix it together; if that fails, a neutral arbitrator decides, one case at a time, not a court or class action.
Please read this section carefully. It affects your legal rights, including your right to go to court and to take part in a class action. You can opt out as explained below.
Talk to us first
Most concerns can be resolved quickly through support. Before starting arbitration or a small-claims case, you and we each agree to send the other a written notice describing the dispute and the relief sought, and to try in good faith to resolve it informally for at least 60 days. Send your notice to support@xpat.money with the subject “Notice of Dispute”, including your name, the phone number and email on your account and a description of the dispute. We will send ours to the contact details on your account. Time limits for bringing a claim are paused during this period.
Agreement to arbitrate
If the dispute isn’t resolved informally, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, your account or our relationship (including questions about whether this section applies or is enforceable, except as stated below) will be resolved by final and binding individual arbitration, rather than in court. This agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 and following).
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org, as modified by this section. A single arbitrator will decide the dispute. The arbitrator may award the same individual relief a court could, but only to you individually and only to the extent needed to resolve your individual claim. Hearings may take place by video, by phone, on written submissions, or in person in the county where you live. Arbitration fees will be allocated in accordance with the applicable arbitration rules and applicable law. Xpat will pay or reimburse fees where required by applicable law or where necessary to prevent the arbitration provision from being prohibitively expensive for you.
Exceptions
- Small claims. Either of us may bring an individual claim in small-claims court in your county of residence, if it qualifies and stays there.
- Intellectual property and misuse. Either of us may ask a court for an injunction to stop infringement of intellectual property or unauthorized access to the Services.
- Regulators. Nothing here stops you from bringing a concern to a government agency, such as the CFPB or a state regulator.
Class-action and jury waiver
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person’s claims or preside over any form of class or representative proceeding. You and we waive any right to a jury trial. If this class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) must be decided in court, after any individual arbitration is complete, and the rest of this section still applies.
Mass arbitration
If 25 or more similar demands for arbitration are filed against us, or by us, by or with the help of the same or coordinated counsel, they will be handled in batches of up to 25, with one set of filing fees and one arbitrator per batch, and the AAA’s mass arbitration procedures will apply where consistent with this section. The next batch will start only after the previous one is resolved, unless both sides agree otherwise. Time limits are paused for demands waiting in a later batch.
Opting out
You can opt out of this agreement to arbitrate by sending written notice to support@xpat.money, with the subject “Arbitration Opt-Out”, within 30 days after you first accept these Terms. Include your name, the phone number and email on your account, and a clear statement that you are opting out. Opting out doesn’t affect any other part of these Terms or any earlier arbitration agreement you have with us.
Changes and survival
If we change this section, the change will not apply to a dispute that you or we had already given notice of before the change. This section continues to apply after your account is closed.
29. Governing law and venue
ⓘ Washington State law and US federal law apply, and any court case goes to Washington courts.
These Terms are governed by the laws of the State of Washington and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules. This does not take away the protection of mandatory consumer laws of the state where you live.
Any claim not subject to arbitration will be brought only in the state or federal courts located in King County, Washington, except small-claims cases, which may be brought in your county of residence. You and we consent to those courts’ jurisdiction.
30. Changes to these Terms
ⓘ We may update these Terms, and we’ll tell you before important changes take effect.
We may change these Terms from time to time, for example because of new features, changes in law or changes in how our partners work. We will post the updated Terms with a new “Last updated” date.
If a change materially affects your rights or obligations, we will notify you by email, in the app or by another method allowed by law. Where applicable law requires advance notice, we will give it at least 30 days before the change takes effect. Subject to applicable law, a change may take effect sooner where reasonably necessary because of legal or regulatory requirements, fraud or security concerns, requirements of our banking or payment partners, or circumstances outside our reasonable control. If you don’t agree to a change, you can close your account before it takes effect. If you keep using the Services after it takes effect, you accept the updated Terms.
A change never affects a transfer you have already confirmed and paid for.
31. General terms
ⓘ Standard legal provisions about how this agreement works as a whole.
Entire agreement. These Terms, together with the policies that form part of them, are the entire agreement between you and us about the Services and replace any earlier agreements on the same subject.
Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may assign or transfer these Terms, for example to an affiliate, a partner or a buyer of our business, without your consent, as long as your rights under these Terms are not reduced as a result.
Severability. If any part of these Terms is found invalid or unenforceable, the rest stays in effect, and the invalid part will be changed only as much as needed to make it enforceable, except as stated in section 28 about the class-action waiver.
No waiver. If we don’t enforce a right immediately, we haven’t given it up.
Survival. Sections that by their nature should continue after your account closes, including those about money you owe us, indemnity, limitation of liability and dispute resolution, continue to apply.
No third-party rights. Apart from our partners where stated, nobody else has rights under these Terms.
Relationship. Nothing in these Terms makes us your agent, fiduciary, trustee or partner.
Language. These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.
32. Complaints
ⓘ Tell us first and we’ll try to fix it; you can also contact a regulator at any time.
If you have a complaint, please contact us first through in-app chat, at support@xpat.money or on +1 866-421-4888. Tell us what happened, when, and what you would like us to do. We will acknowledge your complaint and aim to respond within 15 business days. If we reasonably need more time to investigate, we will tell you, and any deadline set by law or regulation still applies. Complaints about a remittance transfer error will also follow the timeline in section 8.
If you are not satisfied with our response, or at any time, you can contact a regulator:
- Your state regulator for the licensed partner that provides the service. Partner licence details are on our Licenses & partners page, and Bivo’s licences are listed at bivocash.com/licenses.
- Washington State Department of Financial Institutions, at dfi.wa.gov or 1-877-746-4334.
- Consumer Financial Protection Bureau, at consumerfinance.gov or 1-855-411-2372.
Residents of some states have additional rights to contact their state regulator about money transmission, and that information may appear on your receipt.
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