Terms of use

These Terms of use are available at www.ubs.com/twint.

The following Terms of use of UBS Switzerland AG (“UBS”) apply to the use of UBS TWINT:

1. Purpose of UBS TWINT: TWINT is a payment system operated by TWINT AG(“Payment System Operator”). UBS TWINT is an app that facilitates cashless payments via the TWINT payment system using mobile end devices such as smartphones. Users of UBS TWINT (“Users”)can make payments (a) to authorized merchants for the purchase of goods or services (including donations) (“P2M Payments”)or (b) to other people who use UBS TWINT or a TWINT app of another TWINT provider(“P2P Payments”). Users can also use UBS TWINT without a UBS account or UBS credit card. UBS TWINT can provide the User with additional offers and services (e.g., storing details of customer cards for collecting customer points, discount promotions, couponing and similar offers; see section 13) from UBS or third parties (e.g., merchants).

2. Conditions of use and registration: To be able to use UBS TWINT, the User must have a Swiss mobile number and must register by accurately entering the following user information: First and last name of the User as stated in their official ID as well as a Swiss mobile number, debit source and account to be credited, all registered to the User. The User may enter as the debit source a Swiss UBS account (a) in their own name, or (b) in the name of another person (“Account holder”) provided the User has power of attorney for this account and has access rights to UBS Digital Banking. The User may also enter as the debit source a Swiss credit or prepaid card in their name that is acceptable for UBS TWINT. If the User enters a credit card or prepaid card of a third-party provider as the debit source, the User must (i) scan their personal identification document (passport / identity card / Swiss driver’s license or residence permit) and (ii) enter their address and date of birth as additional registration data. The User can use a bank or postal account in their own name at any Swiss bank for the account to be credited. Changes to the debit source and the account to be credited must be entered in UBS TWINT. More information on what data is collected can be found in the privacy notice (see section 22).

3. User’s obligations to exercise due care and diligence: To use UBS TWINT, the User must set a PIN. The User undertakes to keep this PIN secret. The User must not write it down or save it unsecured electronically or use a PIN made up of combinations that can be easily guessed (e.g., telephone numbers, dates of birth, car number plates, or easily guessed series of numbers). If applicable, the user may also replace the PIN with fingerprint recognition (“Touch ID” and “Login with fingerprint”) or facial recognition (“Face ID” and “Login with facial recognition”) (in accordance with the separate supplementary provisions). The User must protect their end device against unauthorized use or manipulation (e.g., by locking the device or display). Should there be reason to assume that unauthorized individuals have gained access to the device and display locking functions, these must be changed immediately. If the end device is lost, and especially in the case of theft, UBS must be informed promptly so that UBS TWINT can be blocked. Should losses be incurred, the User must, to the best of their knowledge, contribute to clarifying the case in question and mitigating the loss. In the event of criminal acts, the User must file a complaint with the police.

4. Available funds and limits: At the time the payment is executed, the debit source must contain available funds (credit balance and/or available credit limit) at least in the amount of the transaction. There must be no prohibitions or restrictions on disposal (in particular, no legal or regulatory provisions, administrative orders or agreements limiting the right of disposal). There is a limit on the amount for each payment. UBS reserves the right to limit the amounts that can be sent or received within a fixed period of time (e.g., within a given month). See limits at ubs.com/twint. If the User's payments reach this limit, they may not make and/or receive any further payments via UBS TWINT until the end of the period. UBS reserves the right to make changes to these limits at any time and without prior notification. These limits may vary depending on the debit source entered (credit card / prepaid card or a UBS account).

5. Payment instructions: When the User confirms the payment instructions in UBS TWINT (by swiping) or (up to a specific amount) simply by using the end device, the User irrevocably directs and authorizes UBS to pay the transaction amount to the recipient and to debit the debit source entered by the User. Additionally, when authorizing P2M Payments online, authorization may need to be granted via Access App or 3-D Secure. The User must be registered with the Payment System Operator to be able to use UBS TWINT. P2P Payments are credited only via the mobile number that has been registered. The User may use UBS TWINT to register with authorized merchants for the “Saving TWINT as payment method” payment function. In this event, UBS is authorized to debit the transaction amount to the User's debit source without them being required to authorize individual charges in each case and to pay that amount to the merchant as per the separate agreement between merchant and user for the “Saving TWINT as payment method”.

6. Processing of payments by UBS: UBS is under no obligation to execute outgoing payments or process incoming payments that violate applicable law, regulatory provisions or administrative orders or that in any other way fail to comply with the internal or external UBS code of conduct (such as regulations regarding embargoes or money laundering). UBS may not be held liable for any delays due to any clarifications that are required, unless UBS did not carry out the customary due care and diligence. The User will be notified of incoming payments to UBS TWINT, although credits to the account will be made subsequently and may possibly be delayed. Where this account is not held with UBS, UBS will arrange the transfer within the applicable cut-off time. UBS cannot influence when the transaction amount is credited to an account with another bank.

7. Return of payment orders: UBS is not obliged to execute a payment order where one or more of the conditions for its execution are not met (see e.g., section 4). The payment order can also be rejected by another party involved in the transaction (e.g., the Payment System Operator or the recipient's bank / financial intermediary). If UBS has already executed the payment, it will arrange to recredit the User once the funds have been returned. Any resulting costs can be directly debited to the User's debit source, unless they were incurred by reason of UBS's failure to exercise customary due care and diligence.

8. Return of payments received: UBS returns incoming payments to the remitter's bank and/or financial intermediary if there are reasons preventing a payment from being credited (local or regulatory provisions, regulations issued by the authorities, non-existent account to be credited, etc.). If a payment is returned, UBS may inform all those involved in the payment transaction (including the remitter) why the payment was not credited.

9.  Obligation to check receipts and report discrepancies: Electronic receipts must be checked as soon as they are received. Any discrepancies, in particular debits resulting from misuse of UBS TWINT, must be reported to UBS immediately and contested in writing to the address of UBS within 30 days of receipt of the electronic receipt (date of postal stamp). If the objection is not submitted in time, this may result in the User violating their obligation to minimize losses and being held responsible for the resulting losses.

10.  Image function: The image function is generally available only for P2P Payments. At its own discretion, UBS may restrict the image function or block the User's account, in particular if there is any substantiated evidence of improper or indecent use.

11. Transfer of data: When registering, the User authorizes UBS, with regard to TWINT payment transactions, to forward data of the User or the Account holder, in particular first and last name, mobile and end device number, address, date of birth and other transaction data relating to the payment order (e.g., amount, recipient details, details of the User or Account holder , any data about the debit source and account to be credited, payment reference, images, any location data; “Transaction Data”) to the Payment System Operator (or other third parties based in Switzerland that perform tasks of the Payment System Operator). UBS and the Payment System Operator may also forward this information to banks and/or financial intermediaries and other parties involved in the payment (e.g., authorized merchants) and/or share this information with them, if this is necessary for the purpose of processing the payment or providing or improving the services offered in UBS TWINT (e.g., value-added services). Relating to value-added services, additional user data may be forwarded separately and as mentioned above. When making P2M payments in the business premises of an authorized merchant (“point-of-sale business”), the User’s identity is not revealed to the merchant. The User may be required to show their electronic receipt. The User acknowledges that when payment orders (P2P payments) are executed, data pertaining to them (e.g., name of the User or Account holder and transaction amount) is transmitted to the payment recipient and displayed in unencrypted form on the recipient’s end device depending on the settings of the TWINT app (e.g., as push notifications on the screen of the payment recipient). Due to the use of apps, third parties, such as the manufacturers of the User’s (or payment recipient’s) devices as well as third parties commissioned by the device manufacturer, could access this data and possibly conclude that there is a banking relationship. The provisions governing the processing of personal data for value-added services always apply (see section 13).

12. Use of data: To use certain functions in UBS TWINT, the User may have to activate location services on the end device, so that UBS TWINT can access the User's location data. UBS and UBS Group may save, process, use and draw up profiles from all data processed in connection with the use of UBS TWINT (e.g., registration and Transaction Data) and data from third-party sources. UBS creates profiles based on specific Transaction Data (i.e., merchant and payment order information, as well as information generated by the Payment System Operator and the User's end device).This also applies without activating value-added services (see section 13). For Users with activated value-added services (see section 13), additional information, e.g., date of birth, language, place of residence, or gender, is also processed to create profiles. These profiles will be used by UBS and UBS Group companies, in particular, to provide services in connection with UBS TWINT and to provide the User, where necessary, with individual advice, customized services and information about products and services from UBS, including TWINT AG, UBS TWINT and if applicable, from third parties (see section 13), as well as for market research, marketing and risk management purposes. The User may reject or individually opt out of receiving advertising (publications of an advertising nature) at any time. UBS or the Payment System Operator may work with network operators (e.g., Swisscom) to send marketing communications and provide such operators with the User's mobile number. More information on the use of data and the User's rights can be found in the privacy notice (see section 22).

13. Value-added services: UBS TWINT can provide the User with additional services (e.g., certain third-party marketing campaigns, storing details of customer cards for collecting customer points, discount promotions, TWINT stamp cards, couponing and similar; “Value-Added Services”) from UBS, UBS TWINT AG or third parties (e.g., merchants). The relevant third party is responsible for their Value-Added Services. UBS accepts no liability in this regard. The User acknowledges that, in the case that Value-Added Services are activated, UBS, TWINT AG or third parties (e.g., a payment system operator or a merchant) may process all data related to these Value-Added Services (e.g., Coop SuperCard) to the extent required for the purposes described in section 12 and in the privacy notice or in accordance with the purpose specified by the third-party provider. The use of this data by the merchant involved in the specific case shall also be governed by the contractual relationship between the User and the merchant (e.g., customer card terms and conditions). Furthermore, if marketing campaigns (“Value-Added Campaigns”) are provided to the User in the context of these Value-Added Services, the following applies:

• Without activation: Certain Value-Added Campaigns from UBS and TWINT AG can be provided without prior activation by the User;
• With activation: Value-Added campaigns, particularly provided by third parties, require prior activation by the User (e.g., storing of customer card details) and/or the express consent of the User in UBS TWINT. This consent may be revoked at any time. If the User revokes their consent, they can no longer take part in the third-party offers starting at the time of revocation.

UBS can receive monetary benefits from TWINT AG obtain as compensation for the mediation of Value-Added Services. As a monetary benefit, UBS typically receives between 0% and 5% of the payments executed for the Value-Added Service.
The monetary benefits can lead to conflicts of interest for UBS, and in particular, they can create an incentive to favor Value-Added Services with monetary benefits over Value-Added Services with lower or no monetary benefits.
UBS has taken appropriate organizational measures to minimize any associated risks resulting from conflicts of interest.
By accepting the terms of use, the user declares that they agree that UBS retains these monetary benefits in full, and they waive their right to receive these monetary benefits. The User acknowledges that this arrangement deviates from the statutory right to claim for restitution according to art. 400 para. 1 of the Swiss Code of Obligations and/or any other statutory provision with similar content.

14. Pay later service (“Pay later”): Pay later is an alternative payment method that allows eligible Users to purchase goods or services from certain merchants by immediately financing a purchase through a third-party payment provider (“Pay later provider”) and paying back the Pay later provider as agreed in a separate agreement between the User and the Pay later provider. By registering for and using Pay later, the User authorizes UBS to transfer certain data (e.g., name, domicile, date of birth, phone number, email) via the Payment System Operator to the Pay later provider and allows repayment to the Pay later provider via the TWINT system (P2M Payments). The User has no right to claim Pay later. UBS reserves the right to activate Pay later only for certain transaction limits (for limits see ubs.com/twint) and only for Users that meet all eligibility criteria (including but not limited to age, location, etc.) and to deactivate Pay later for some or all Users at any time at its sole discretion. These transaction limits may deviate from limits defined in accordance with section 4 of these Terms of use. The Pay later provider is independent from UBS. Pay later and in particular, the financing, reimbursement, setting of credit limits, fees (e.g., reminder fees and other charges) and customer service as well as the use of User data by the Pay later provider are governed exclusively by the agreement between the User and the Pay later provider. UBS has neither influence nor control as to where the transferred data is stored (e.g., outside Switzerland) or how the Pay later provider uses this data. In addition, the Pay later provider may charge the User reminder fees and other charges in connection with the use of Pay later. UBS is not involved in Pay later and assumes no liability for Pay later, in particular regarding the functionality and operation of Pay later transactions including error-free repayment of purchases. The user must address any complaints directly to the relevant Pay later provider.

15. Outsourcing of business areas and services: UBS may outsource business areas and services to group companies and to third parties in Switzerland and abroad. The business areas and services concerned, which may be outsourced in their entirety or in part, are in particular payment transactions, compliance, data management, IT, and back and middle office services. Data may have to be transmitted to internal or external service providers as part of the outsourcing process. All service providers are bound by relevant confidentiality requirements. Where a service provider is based abroad, UBS will transmit only data that does not permit the identity of the User to be deduced.

16. Right to use UBS TWINT: For the use of UBS TWINT, UBS grants the User the non-exclusive, non-transferable and cost-free right to download UBS TWINT (including from an authorized third party) and to install and use it on an end device that is owned and controlled by the User. UBS TWINT may contain software that is licensed by a third party. The User acknowledges and accepts the rights of UBS and of any third parties with respect to UBS TWINT. If the use of UBS TWINT deviates significantly from normal usage patterns or if there is any indication of behavior that is illegal or in breach of the agreement, UBS can insist that Users use UBS TWINT in a legally and contractually compliant manner, alter the provision of the service with no compensation or prior notification, terminate the agreement without notice and with no compensation and, where necessary, demand compensation for losses and indemnification against third-party claims. The same shall apply in instances in which the User provides incorrect or incomplete details upon concluding the agreement.

17. No liability assumed for features and changes: UBS assumes no liability for the functioning and operation of UBS TWINT. In particular, UBS assumes no liability for the error-free functioning of UBS TWINT on the User's end device or with the User's network operator. UBS is under no obligation to update UBS TWINT or to improve, expand, or support it. UBS is entitled to change the scope of or completely discontinue UBS TWINT at any time and without prior notification. In addition, the User acknowledges that the information provided by UBS is provisional and non-binding. UBS reserves the right to delete UBS TWINT, or have it deleted, from the User's end device at any time and without prior notice. UBS is entitled to modify these Terms of use at any time.

18. Costs: The use of UBS TWINT is free of charge. UBS reserves the right to introduce compensation / a fee for the use of UBS TWINT at some future date.

19. Bilateral Fee: Where P2M transactions are performed, merchants pay a fee for the use of the TWINT payment system (known as the merchant's commission) to the companies that recruited them as acceptors of TWINT and with which they have entered into contracts to that effect (known as acquirers such as SIX Payment Services Ltd or TWINT Acquiring Ltd). The acquirers pay a fee to UBS (“Bilateral Fee”)
UBS receives the Bilateral Fee as compensation for the provided services rendered in connection with payment transactions. The Bilateral Fee is agreed upon between UBS and the respective acquirer. The amount of the Bilateral Fee depends on various circumstances and typically amounts to between 0% and 2% of the amount of the payment executed.
The Bilateral Fee can lead to conflicts of interest for UBS, and in particular, they can create an incentive to favor specific acquirers over acquirers with lower or no monetary benefits. UBS has taken appropriate organizational measures to minimize any associated risks resulting from conflicts of interest.
By accepting the terms of use, the user declares that they expressly agree that UBS retains the Bilateral Fee in full, and they waive their right to receive this Bilateral Fee. The User acknowledges that this arrangement deviates from the statutory right to claim for restitution according to art. 400 para. 1 of the Swiss Code of Obligations and/or any other statutory provision with similar content.

20. Risks and notifications: There are risks connected with the use of UBS TWINT, such as: (1) system interruptions and other defective transmissions that cause delays, incorrect routing, or deletion of information; (2) misuse resulting in loss or damage caused by the interception of information by third parties; (3) access to information if the end device is lost;(4) changes to or falsification of data (e.g., fabricating false data). In the course of using UBS TWINT, UBS may send the User electronic messages (e.g., by SMS to the registered mobile number or as a push notification) to inform them of certain events, such as credit notes. In addition, the User or Beneficiary will be sent unencrypted push notifications via UBS TWINT, which involves the User’s end device generating an “Application Device Identifier” and sending this via Google or Apple. The use of TWINT apps by the User or Beneficiary and the transmission of notifications may mean that third parties (e.g., device manufacturers, providers of app distribution platforms, network providers) are able to conclude that there is a banking relationship with UBS or access client information (in particular, specific Transaction Data).

21. Use of UBS TWINT: UBS TWINT may not be used by Users for commercial purposes; in particular, the use of UBS TWINT to receive P2P Payments from commercial sales or services is not permitted.

22. Liability: UBS shall not be liable for any loss or damage suffered due to transmission errors, misrouted transfers, technical faults or defects, outages and illegal access or intervention in the User's end device, unless such loss or damage is attributable to a breach of the standard of due care and diligence customary in the business on the part of UBS. Moreover, UBS is not liable for losses due to disruptions or interruptions (including system maintenance work) to the systems of UBS. In addition, UBS does not offer any guarantee or accept any liability for the information on the end device being up to date, correct or complete.

23. Sales platforms and app-to-app switch functionality: Authorized merchants may offer the sale of goods or services via their own apps that have app-to-app switch functionality and support P2M Payments. UBS confirms that UBS TWINT and merchants' apps that accept TWINT as a means of payment are available only from trustworthy sales platforms (such as the App Store (iOS) or Google Play Store (Android)). UBS shall not be held liable for any losses resulting from the use of third-party apps or software acquired from other sales platforms.

24. UBS TWINT privacy notice: This privacy notice is published by UBS Switzerland AG (“UBS”). In the context of UBS TWINT, UBS collects and processes the following personal information (“Personal Data”) of TWINT users (“Users”), in particular:

• personal identification details (e.g., name, language and gender)
• physical and electronic address data (e.g., city, postcode, region, canton, mobile number and email address)
• date of birth
• information from public registers (e.g., ID cards)
• UBS internal identifiers (e.g., contract number, login data, transaction IDs, customer card details)
• Transaction and processing data (e.g., payment details, loyalty points)
• device ID, IP address, date of latest login, client state, issuer name, language, segment
• geo-location data (if the User allowed UBS to collect it)
• criminal record (only if the UBS TWINT user does not have a bank account with UBS)

UBS processes the User's Personal Data for the following purposes ("Purpose"): client onboarding, client relationship management, product implementation and execution, engaging in prospecting and business development and/or protecting and enhancing the UBS brand, including the use of UBS TWINT, compliance and risk management and/or prevention, detection and investigation of crimes. UBS processes the Personal Data to perform data analytics and client profiling in order to provide the User with valuable information about UBS services, including UBS TWINT, to provide Value-Added Services or to define targeted marketing and send push notifications that may interest the User based on their Personal Data. More information on UBS services can be found in the present Terms of use.
UBS forwards the User’s personal data to TWINT AG, as described in the terms of use. To this end, this personal data be forwarded to and processed by UBS Group companies, other service providers and business partners, financial intermediaries and other parties. If Personal Data is transferred abroad, it may no longer be protected by local laws applicable to UBS and may fall under foreign regulations that allow the Data to be passed to relevant local authorities or other third parties.
UBS will retain the User's Personal Data only for as long as necessary to fulfill the Purpose for which the Personal Data was collected or to comply with legal, regulatory or internal policy requirements.

In the UBS privacy statement, you can find further information on how UBS processes your data, including how UBS protects your data, your rights in relation to your data, as well as the contact details of the Group Data Protection Office.

If you have any administrative questions, please contact sh-ubs-twint-app@ubs.com. For questions regarding data protection, please contact dpo-ch@ubs.com.

August 2024 version