I, ANDREA MACCHIAVELLO, pursuant to 28 U.S.C. § 1746, make the following declaration which is based on my personal knowledge:
- I am a resident of Texas, over the age of 18, and am otherwise competent to make this Declaration and testify to the matters described herein.
- I am currently the Legal Counsel for Wise US Inc. (“Wise”), which is headquartered in New York, New York. I have been continuously employed by Wise since September 23, 2024. Wise offers accounts through its platform to allow individuals to send money abroad, which is true with respect to Plaintiff Youras Ziankovich’s (“Plaintiff”) Wise account (“Account”). Plaintiff’s claims alleged against Wise in this action arise from a dispute involving activity in his Account.
- In connection with my employment with Wise I have personal knowledge of the general business practices of Wise, including, but not limited to, the way accounts and the customer agreements are provided to Wise customers, the contents of the documents provided to Wise customers, and the manner in which Wise obtains its customer’s assent to agreements.
- I am authorized to provide this declaration in support of Wise’s Motion to Compel Arbitration and Stay Proceedings.
- I have access to the business records relating to Wise’s business including the applicable documents and agreements, Plaintiff’s Account, and Wise’s account registration flow process. I was not personally involved in any decisions regarding Plaintiff’s Account. My knowledge of the matters set forth in this Declaration derives solely from my review of Wise’s business records and my familiarity with Wise’s general business practices and procedures in my capacity as Legal Counsel.
- I make this declaration from my own personal knowledge of the matters set forth herein by virtue of my position for Wise, my familiarity with Wise’s practices and procedures, and based upon my review of the relevant business records of Wise referenced herein. The business records of Wise were made by a system or person with knowledge of the events described therein, at or near the time of the event described, and made and kept in the ordinary course of the regularly conducted business activity of such persons and Wise. In my capacity as Legal Counsel, I have access to and familiarity with the business records described herein, and I have knowledge of how those records are created, kept, and maintained. The records I have examined relating to this matter are in the custody, supervision, and control of Wise.
Wise’s Account Application Process
- Wise’s records reflect that on August 29, 2025, Plaintiff, under the name “Youras Ziankovich,” registered for the Account with Wise through Wise’s online platform.
- Upon completion of the online registration, Wise approved Plaintiff for a Wise Account and opened it for Plaintiff on or about August 29, 2025.
- As part of Wise’s online registration flow process, as it existed in August 2025, customers were presented with an opportunity to read Wise’s Terms of Use and Privacy Policy prior to registering for a Wise Account.
- Specifically, Plaintiff was required to enter his email address to begin creating a Wise account and click “Next.” Language near the email entry form stated that:
“By registering, you accept our Terms of Use and Privacy Policy.”
- Once Wise confirmed Plaintiff’s email address, Plaintiff could continue with opening his Account.
- Plaintiff was then required to indicate whether he intended to open a “Personal Account” or “Business Account.”
- Plaintiff chose “Personal Account” and then was prompted to indicate which country and state he resided in “most of the time.”
- Plaintiff was then required to verify his phone number with a code.
- Once Plaintiff’s phone number was verified, he was required to create a password.
- Plaintiff was then required to provide his country of residence, full legal first and middle name, full legal last name, and date of birth.
- Plaintiff was then prompted to provide his address.
- Plaintiff was then required to confirm his citizenship.