Consent to Telephonic Communications

Last updated: March 7, 2025

By providing your telephone number(s) to Upwise Capital (e.g., on an application or account form), you agree to the following Consent to Telephonic Communications, which applies to both voice calls and text/SMS messages. This consent is a condition of using Upwise Capital’s services and governs all telephone interactions with Upwise Capital.


Call Recording and Monitoring

You acknowledge that telephone calls to or from Upwise Capital (including its agents and affiliates) may be monitored or recorded for quality assurance, training, compliance, or other business purposes. By communicating with us by phone, you consent to such monitoring and recording.


Providing Accurate Contact Information

  • You represent that the contact information you have provided to Upwise Capital (e.g., name, mailing address, email address, residential or business telephone number, and mobile telephone number) is accurate and current.
  • You confirm that you are the current subscriber or primary user of any telephone number you provide and that you are not providing a phone number that does not belong to you.
  • You are strictly prohibited from providing phone numbers that are not your own.
  • If your contact information changes, or if you cease to be the owner or primary user of a telephone number you provided, you agree to notify Upwise Capital immediately before the change goes into effect. You can update us by calling (646) 837-5522 or emailing [email protected].
  • If we discover that the information you provided was false, misleading, or outdated, or that you no longer own a number you provided without notifying us, we reserve the right to suspend or terminate your Upwise Capital account or services at any time.

Consent to Receive Automated Calls and Texts

By voluntarily providing your telephone number(s) to Upwise Capital, you expressly consent to receive communications via autodialed or pre-recorded calls and text messages (including SMS and MMS) from us or our third-party service providers. This includes:

  • Artificial or pre-recorded voice messages, AI-generated voice calls, and text messages related to promotions, account updates, application status, transactions, and other aspects of your relationship with Upwise Capital.
  • Communications sent to any telephone number you have provided or may provide in the future.
  • Calls or texts using automated or non-automated systems.

You acknowledge that this consent applies even if your phone number is registered on any state or federal Do Not Call list. Further, Upwise Capital may use lawful methods (e.g., skip tracing or caller ID capture) to obtain and use updated contact information. This consent remains valid even after your relationship with Upwise Capital ends unless you opt out (see below).


No Purchase Required

You do not need to consent to receive automated calls or texts as a condition of obtaining products or services from Upwise Capital. If you prefer, you can inquire about our products or services by calling (646) 837-5522 or emailing [email protected].


Opt-Out Instructions

You have the right to opt out of receiving automated telephonic communications at any time.

  • Text Messages: Reply “STOP” to any SMS message to opt out. You will receive a confirmation text, and no further messages will be sent unless you re-subscribe.
  • Automated Calls: To stop receiving automated calls, email [email protected] with the subject “Opt-Out of Automated Calls.” Include your name, telephone number(s), and a statement revoking consent for automated calls.
  • General Opt-Out: You can also send opt-out requests by mail to:
    Upwise Capital
    Attn: Communications Opt-Out
    1110 2nd Avenue, Suite 201
    New York, NY 10022

Please allow up to 30 days for processing. Opting out does not stop non-automated communications (e.g., live calls or emails) related to servicing your account or legitimate business purposes.


Fees and Charges

Upwise Capital does not charge fees for receiving automated calls or texts. However, you are responsible for any charges imposed by your mobile carrier, such as per-minute call charges or text message fees. Message and data rates may apply depending on your cellular plan.


Unauthorized Use of Your Device

You agree to notify Upwise Capital immediately if you suspect unauthorized access to your telephone, mobile device, or voicemail, or unauthorized use of your phone related to Upwise Capital communications. Upwise Capital is not responsible for losses arising from unauthorized use of your device, but you may be held responsible for losses incurred by Upwise Capital due to negligence (e.g., failing to notify us of a number change).


Your Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Upwise Capital (including its officers, employees, and agents) from any claims, losses, or damages related to telephonic communications. For example, if a third party brings a claim against Upwise Capital due to your providing an incorrect or outdated phone number, you will reimburse Upwise Capital for all resulting costs and damages.


Release of Claims

By consenting to telephonic communications, you release Upwise Capital from any claims or causes of action related to calls or texts made under this agreement. This includes claims under the Telephone Consumer Protection Act (TCPA) or related laws, as long as communications were made in accordance with this agreement and the information you provided.


Other Provisions

  • You are responsible for ensuring your phone and service plan can receive communications from Upwise Capital. Text message delivery is not guaranteed and depends on your mobile carrier.
  • Provisions such as indemnities, waivers, and releases will survive the termination of your relationship with Upwise Capital.

If you have any questions regarding this Consent to Telephonic Communications, please contact us at [email protected] or (646) 837-5522. By using Upwise Capital’s services and providing your phone number, you acknowledge that you have read, understood, and agreed to these terms.