Terms of Service

Swish Limited | Version 3.0 | Effective 1st September 2026

Read this first. Swish shows you information about your money. Swish does not hold your money, does not move your money, and does not tell you what to do with your money. Your data is encrypted with a key only you hold, which means we cannot read it and cannot recover it if you lose your key. Section 6 explains this and it matters. Swish is currently free to use. Section 16 sets out your rights under New Zealand consumer law, which nothing in these terms takes away.

1. ABOUT THESE TERMS

1.1 Agreement. These Terms of Service (Terms) are a contract between you and Swish Limited. They apply every time you download, access or use the Swish mobile application, any Swish website, and any related services (together, Swish).

1.2 Acceptance. By creating a Swish account or using Swish, you agree to these Terms. If you do not agree, do not use Swish.

1.3 Other documents. Our Privacy Policy and our Consumer Information Page form part of these Terms. Where a document deals with a specific feature, that document applies to that feature in addition to these Terms.

2. WHO WE ARE AND HOW TO CONTACT US

2.1 Swish Limited, New Zealand company number 9411815, registered office Level 5, Staircase Financial House, 32-34 Mahuhu Crescent, Auckland CBD 1010, New Zealand.

2.2 Contact: support@swish.co.nz | www.swish.co.nz

3. ELIGIBILITY AND YOUR ACCOUNT

3.1 Eligibility. You may use Swish only if you are at least 18 years old, are a New Zealand resident, are using Swish for your own personal purposes, and hold the accounts you connect in your own name or are lawfully authorised to access them.

3.2 Personal use only. Swish is provided for personal, non-commercial use. You must not use Swish on behalf of another person without our written agreement.

3.3 Accurate information. You must give us true and current information when you register, and keep it up to date.

3.4 Security of your account. You must protect the credentials, passkey, device PIN or biometric lock that give access to your Swish account. You must not share them or let anyone else use your account. Tell us immediately at support@swish.co.nz if you think someone else has accessed your account or your device has been lost or stolen.

3.5 Multi-factor authentication. We require multi-factor authentication to access account connection features. You must keep at least one valid authentication method active. If you lose access to all of your authentication methods we may not be able to restore access to your Swish account.

4. WHAT SWISH DOES, AND WHAT IT DOES NOT DO

4.1 What Swish does. Swish lets you connect accounts you hold with banks and other financial institutions so that you can see balances, transactions and a combined view of your position in one place, together with categorisation, insights and tools we make available from time to time.

4.2 Swish never holds your money. Your money stays with your bank or other financial institution at all times. Swish does not hold, receive, control or have any claim over your funds, and does not operate any account into which your money is paid.

4.3 Read only access. At the date of these Terms, Swish requests read only access to your connected accounts. Swish cannot move money out of your accounts. If we introduce any feature that can initiate a payment, we will tell you before it becomes available, you will need to give a separate, specific authorisation, and additional terms will apply.

4.4 We are not your bank. Swish is not a bank, is not a deposit taker, and is not a registered bank under the Banking (Prudential Supervision) Act 1989. Your relationship with each connected institution remains governed by your agreement with that institution.

4.5 Your data is encrypted with a key only you hold. Swish encrypts your account and transaction data on your device before it is stored. We do not hold your encryption key and we cannot read your stored data. Section 6 sets out what this means, including what happens if you lose your key.

4.6 Changes to features. Swish is under active development. We may add, change, suspend or remove features. We will give reasonable notice before removing or materially reducing a feature you rely on, unless the change is needed urgently for security, legal or operational reasons.

5. CONNECTING YOUR ACCOUNTS THROUGH AKAHU

5.1 How the connection works. Swish uses Akahu, a New Zealand open finance platform operated by Akahu Technologies Limited, to connect to your accounts. You authorise the connection through Akahu's own secure flow. Swish does not see or store your internet banking username, password or bank access codes.

5.2 What we ask for. We ask for access to your account details, balances and transaction history, including historical transactions, and for ongoing refreshes so that your view stays current. Your accounts are refreshed when you sign in to Swish. We do not fetch your data while you are signed out, so what you see reflects your most recent sign in. Our Consumer Information Page sets out the scope and duration of the access we request before you connect.

5.3 Your authorisation. When you connect an account you confirm that you are the account holder or are authorised to grant access to it, and that granting access does not breach your agreement with the institution that holds the account. If you are not sure, check with that institution first.

5.4 You control the connection. You can see every account you have connected, and disconnect any or all of them at any time, from within Swish. You can also revoke access directly with Akahu at my.akahu.nz. If you revoke access, we will stop receiving new data, and we will delete the data we received unless we are required to keep it by law. See our Privacy Policy.

5.5 Connection reliability. Connections depend on Akahu and on each financial institution. Connections can break, go out of date, or stop working, including where an institution changes its systems. We will tell you in the app when a connection becomes inactive so that you can reconnect. We are not responsible for outages, delays or errors in the systems of Akahu or of any financial institution.

5.6 Akahu's terms. Your connection is also subject to Akahu's own consumer terms and privacy policy, available at akahu.nz. Akahu is an independent company. Akahu is not our agent and we are not Akahu's agent.

6. ENCRYPTION AND YOUR KEY

6.1 How it works. Your account and transaction data is encrypted on your device using an encryption key that only you hold. We store that encrypted data but we cannot decrypt it. Categorisation, budgets and insights are produced on your device.

6.2 If you lose your key, your data cannot be recovered. We do not hold your key and we cannot reset, recover or bypass it. If you lose it, the data we hold for you is permanently unreadable and cannot be restored by us or by anyone else. You will need to create a new Swish account and reconnect your accounts to start again. This is a consequence of the way Swish is built to protect you, not a choice we make when it happens.

6.3 You are responsible for keeping your key safe. Store your key somewhere safe and separate from your device. You will need it when you sign in on a new device. We cannot help you recover it.

6.4 When your data passes through our systems. Akahu requires that all communication with its platform happens from our servers. When you sign in and your accounts are refreshed, your data passes through our systems before it reaches your device and is encrypted. It is not stored by us in readable form, and is excluded from our logs and error reporting. Our Privacy Policy explains this in more detail.

7. INFORMATION IN SWISH IS A GUIDE, NOT A RECORD

7.1 Source of information. The balances, transactions and other information shown in Swish come from your financial institutions through Akahu. We present that information. We do not create or verify it.

7.2 Timing and accuracy. Information may be delayed, incomplete, out of date, or wrong, including because of pending transactions, refresh timing, institution outages or errors in the source data. Categorisation and any insight, projection or summary we generate is automated and may be inaccurate.

7.3 Your institution's record prevails. Always treat the record held by your financial institution as the authoritative one. Do not rely on Swish alone for any decision about payments, overdrafts, fees, tax, or anything else where accuracy matters. Check with your institution before acting.

8. YOUR RESPONSIBILITIES

You agree that you will:

use Swish only for lawful purposes and in accordance with these Terms;

only connect accounts you are entitled to connect;

not attempt to access any part of Swish you are not authorised to access, or interfere with, probe, scrape, reverse engineer, decompile or disrupt Swish or its underlying systems, except to the extent this restriction cannot lawfully be imposed;

not use Swish to collect or process another person's information without their authority;

not introduce malicious code or use automated means to access Swish other than through interfaces we provide; and

comply with any reasonable direction we give for the security or integrity of Swish.

9. SWISH DOES NOT GIVE FINANCIAL ADVICE

9.1 No regulated financial advice. Nothing in Swish is financial advice, and nothing in Swish takes into account your particular objectives, financial situation or needs. Swish presents your own information back to you and provides general tools and general information only.

9.2 Not a recommendation. Where Swish displays general information about a type of financial product, that is not a recommendation or an opinion that the product is suitable for you.

9.3 Get advice. Before making a decision about a financial product, including any loan, mortgage, insurance or investment, you should seek advice from a licensed financial adviser and consider the product disclosure material for that product.

10. COST

10.1 Swish is currently free. There is no charge for using Swish. You are responsible for your own device, data and internet costs.

10.2 If we introduce charges. If we ever introduce fees for Swish or for any feature, we will give you at least 30 days notice. Fees will not apply to you until you accept them, and you may stop using Swish and delete your account at any time.

10.3 We do not make money from your information. We do not sell your personal information and we do not disclose the data we receive through Akahu to any third party for that party's own marketing purposes. If we introduce any new way of using your information, we will tell you first, and where the law requires it we will ask for your agreement before we do so.

11. PRIVACY

11.1 Privacy Policy. How we collect, use, share, store and delete your personal information is set out in our Privacy Policy at swish.co.nz/privacy-policy. Please read it. It forms part of these Terms.

12. INTELLECTUAL PROPERTY AND YOUR LICENCE TO USE SWISH

12.1 Ownership. Swish, including the application, the software, the design, the trade marks and all content we provide, is owned by Swish Limited or its licensors. Nothing in these Terms transfers any of those rights to you.

12.2 Your licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use Swish on a device you own or control, for your own personal use, for as long as you comply with these Terms.

12.3 Your data. You keep all rights in the information from your connected accounts. You grant us the right to use that information only as described in these Terms and our Privacy Policy.

12.4 Feedback. If you give us feedback or suggestions, we may use them without obligation to you.

13. AVAILABILITY

13.1 No guarantee of continuous availability. We aim to keep Swish available but we do not promise that it will be uninterrupted or error free. We may take Swish down for maintenance, and we will try to give notice where practical.

13.2 Third party dependencies. Swish depends on services we do not control, including Akahu, financial institutions, app stores, cloud hosting and telecommunications networks. Interruptions to those services will interrupt Swish.

14. SUSPENSION, TERMINATION AND DELETION

14.1 You can leave at any time. You can disconnect your accounts and delete your Swish account at any time from within the app. When you delete your account we will revoke our access to all of your connected accounts and delete your data in accordance with our Privacy Policy.

14.2 When we can suspend or close your account. We may suspend or close your Swish account if you materially breach these Terms, if we reasonably suspect fraud, unauthorised access or unlawful use, if we are required to do so by law or by a regulator, or if we stop providing Swish.

14.3 Notice. Except where we reasonably consider immediate action is needed to protect you, other users, or our systems, or where we are legally prevented from giving notice, we will give you notice before suspending or closing your account and, where the issue can be fixed, a reasonable opportunity to fix it.

14.4 If we stop providing Swish. If we decide to discontinue Swish we will give you at least 30 days notice, and will give you a reasonable opportunity to export your data before access ends.

14.5 Effect. On closure your licence to use Swish ends. Sections 6, 7, 12, 15, 16, 17 and 19 survive.

15. OUR LIABILITY

15.1 This section is subject to section 16. Nothing in this section limits any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded.

15.2 What we are not responsible for. Subject to clause 15.1, we are not liable for loss arising from: information supplied by a financial institution or by Akahu being inaccurate, delayed or incomplete; any decision you make in reliance on information or insights in Swish; a connection failing or being revoked; your loss of your encryption key, as described in section 6; or your failure to keep your credentials or device secure.

15.3 Indirect loss. Subject to clause 15.1, neither party is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, savings, opportunity or data, however arising.

15.4 Cap. Subject to clause 15.1, our total liability to you for all claims in aggregate arising out of or in connection with Swish is limited to the greater of the amount you have paid us in the 12 months before the event giving rise to the claim, and NZ$1000.

15.5 Exceptions to the cap. Clauses 15.3 and 15.4 do not apply to liability for fraud, for wilful misconduct, or for a breach by us of our privacy or data security obligations.

15.6 Your responsibility. You are responsible for loss we suffer that is caused by your fraud, your unlawful use of Swish, or your deliberate breach of these Terms. Your liability is reduced to the extent we caused or contributed to the loss.

16. YOUR RIGHTS UNDER NEW ZEALAND CONSUMER LAW

16.1 Consumer Guarantees Act. If you are a consumer under the Consumer Guarantees Act 1993, you have guarantees that we cannot contract out of, including that our services will be provided with reasonable care and skill. Those guarantees apply even though Swish is free. Nothing in these Terms limits or excludes them.

16.2 Business use. If you acquire Swish for the purposes of a business, the Consumer Guarantees Act does not apply, and to the extent permitted by section 43 of that Act you agree that this exclusion is fair and reasonable.

16.3 Fair Trading Act. Nothing in these Terms is intended to limit any right you have under the Fair Trading Act 1986.

17. COMPLAINTS AND DISPUTES

17.1 Talk to us first. If something has gone wrong, contact us at support@swish.co.nz. We will acknowledge your complaint within 2 working days and aim to resolve it within 20 working days. If we need longer we will tell you why and when to expect a response.

17.2 Privacy dispute resolution. If your complaint is about privacy, you can also complain to the Office of the Privacy Commissioner at privacy.org.nz.

18. CHANGES TO THESE TERMS

18.1 When we can change these Terms. We may change these Terms to reflect changes to Swish, to our suppliers, to our costs, or to law, regulation or industry practice.

18.2 Notice. We will give you at least 14 days notice of any change that is materially adverse to you, in the app or by email, and we will show what has changed. Other changes take effect when we publish them.

18.3 Your choice. If you do not accept a change, you may stop using Swish and delete your account before the change takes effect. Continuing to use Swish after the change takes effect means you accept it.

19. GENERAL

19.1 Governing law. These Terms are governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction.

19.2 Notices. We may give you notices in the app, by push notification, or by email to the address on your account. You should give us notices at support@swish.co.nz.

19.3 Transfer. You may not transfer your rights under these Terms. We may transfer ours to a member of our corporate group or to a purchaser of our business, provided your rights are not materially reduced.

19.4 Severability. If any part of these Terms is unenforceable, the rest continues to apply.

19.5 No waiver. If we do not enforce a right immediately, we do not lose it.

19.6 Entire agreement. These Terms, the Privacy Policy and the Consumer Information Page are the whole agreement between us about Swish.

SCHEDULE 1: APP STORE TERMS

This Schedule applies where you download Swish from the Apple App Store or Google Play. It exists because those stores require it.

Apple App Store

These Terms are between you and Swish Limited only, not Apple. Swish Limited is solely responsible for Swish and its content.

Your licence to use Swish is limited to use on Apple branded products you own or control, as permitted by the App Store Terms of Service.

Apple has no obligation to provide maintenance or support for Swish.

If Swish fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation in relation to Swish.

Swish Limited, not Apple, is responsible for any claim relating to Swish, including product liability, failure to conform to legal requirements, and consumer protection or privacy claims.

Swish Limited, not Apple, is responsible for the investigation, defence, settlement and discharge of any third party claim that Swish infringes intellectual property rights.

You confirm you are not located in a country subject to a United States Government embargo or designated as terrorist supporting, and are not on any United States Government restricted party list.

Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you.

Google Play

These Terms are between you and Swish Limited only, not Google. Swish Limited is solely responsible for Swish.

Google has no obligation to provide support for Swish and is not responsible for any claim relating to Swish.

Your use of Swish obtained through Google Play is also subject to the Google Play Terms of Service.

Terms of Services