
General card terms
YOUR CONSENT TO ELECTRONIC DELIVERY
("Consent
Statement")
Thank you for applying for SpaceLabs Card. If you consent to this Consent Statement for this
Program, the terms will apply even if you do not obtain (or are not offered)
the service.
Your affirmative consent to
this E-sign & Electronic Communications Notice (“Consent”) permits Space Labs d.o.o. to provide you with Communications electronically,
enables you to sign and authorize Communications electronically through the use
of spacelabs.world and allows Space Labs d.o.o. and
its partners to collect such e-signatures. If you do not consent to the
electronic delivery of Communications, you will not be able to use the service.
By registering for an account, applying for a card, or accessing the spacelabs.world you agree that such registration constitutes your
electronic signature, and you consent to us providing notices to you and any
relevant administrators or users electronically. You understand that this
consent has the same legal effect as a physical signature.
Access to Paper Copies
You have the right to
receive legal disclosures, notices, and communications (together, the
"Covered Items") in paper form by mail. We may instead provide these
Covered Items to you electronically if you:
1.
Give us your
Consent to do so.
2.
Satisfy the
System Requirements below.
For purposes of this
Consent Statement, the Covered Items include all servicing and collection
communications on your account, as well as all legal disclosures, notices, and
communications that we are required to provide in writing regarding the
account.
In this Consent Statement, “we,” “us,” and “our”
refer to Space Labs
d.o.o. and its authorized partners.
Duration of Consent
Your Consent will remain
effective until:
1.
You or we
terminate the program or account; OR
2.
You opt out of
electronic communications.
If you terminate your
account, your Consent will continue with respect to pre-termination rights
(including rights created by your Consent to this Consent Statement).
Methods of Providing
Covered Items
In this document,
"provide" means to deliver, make available, send, notify, or use a
similar term. We may provide the Covered Items electronically through files,
including those in PDF format, downloaded from spacelabs.world.
It is your responsibility to review the Covered Items promptly so you can take
appropriate action.
Access to Paper
Copies
•
You can make
copies of the Covered Items by using the "print" or "save"
functionality of the application in which you are viewing the Covered Items
(e.g., Web browser, PDF viewer).
•
We retain
copies of the Covered Items for the time periods required by law and will
provide you with copies upon request within those time periods.
•
To request a
paper copy at no cost, please contact us at support@spacelabs.world.
Our Right to Send Paper
We reserve the right to
provide the Covered Items in paper form at all times at our discretion, even if
you have given us Consent to provide them electronically. For example (but
without limitation), we may do this if:
•
We experience a
system outage.
•
We suspect
fraud or unauthorized activity.
Hardware and Software
Requirements
To access and retain the
Covered Items, you must have a computing or communications device with:
•
Working
Internet access
•
A Web browser that supports 128-bit
encryption (e.g., the
latest versions of Chrome®, Firefox®, Microsoft Edge®, or Safari®)
•
Sufficient
memory to load and
render documents
•
A program that
can view, save, and print PDF files (e.g., Adobe® Reader® or similar
software)
By providing us with your
Consent, you confirm that you meet all of the above System Requirements.
Withdrawing Consent
You may withdraw your
Consent at any time at no cost to you. However, withdrawing Consent prior to
the approval of your application will prevent you from using or accessing the
service.
To withdraw your Consent,
please contact us at support@spacelabs.world.
Note: Withdrawing Consent does not affect the
legal effectiveness, validity, or enforceability of any prior electronic
disclosures or communications.
Acknowledging Ability to
Access and Consenting to Electronic Communications
By confirming that you have
read and agreed to these terms, you are confirming that:
1.
You have access
to a computer system that meets the System Requirements listed above.
2.
You agree to
receive Covered Items electronically.
3.
You are able to
access, print, or store the information presented to you.
If you have any questions,
please contact us at support@spacelabs.world.
SPACE LABS D.O.O. SPEND CARD TERMS (Non-US
Consumer)
These Space Labs d.o.o. Spend
Card Terms (the “Card Terms”) are a binding agreement between you (“you”, or
“your”), Space Labs d.o.o. , and Issuer, including its affiliates, successors,
and assigns (“Issuer,” “we”, “us”, or “our”) that govern your use of the Space
Labs d.o.o. Spend Cards, including the process for obtaining and managing Space
Labs d.o.o. Spend Cards, access to which is provided to you by Space Labs
d.o.o.
Important Disclosures
Rates, fees, and other
important information about your Space Labs d.o.o. Spend Card (“Card”) are set
forth in these Important Disclosures.
Effective as of October 1st,
2025
Interest Rates and Interest Charges: 0%
Annual Percentage Rate (APR) for Purchases: 0%
Your Space Labs d.o.o. Spend
Card is currently 0% interest on all purchases. Issuer and Space Labs d.o.o. reserve
the right to implement interest in the future, for new purchases. Space Labs
d.o.o. will disclose any changes to this agreement prior to the introduction of
interest and other charges associated with your Space Labs d.o.o. Card.
Fees
Transaction Fee
Foreign Purchases
– Foreign Exchange Fee (non USD):
up to 3%
– Cross Border Fee: up to 3%
Penalty Fees
– Late payment: Up to $40
– Returned payment: Up to $29
– Liquidation penalty: Up to $35
Terms
Background :
The SpaceLabs Card is provided
to you on behalf of Space Labs d.o.o. in connection with your status as Space
Labs d.o.o. client/customer/authorized user and pursuant to your separate User
Agreement between you and Space Labs d.o.o. (the “User Terms”). The Issuer is
not a party to the Space Labs d.o.o. User Terms and disclaims any liability for
the performance of services covered therein.
Space Labs d.o.o. has opened a
Space Labs d.o.o. Account for purposes of facilitating transactions you make
using a Card based on a limit established by Space Labs d.o.o. pursuant to the
User Terms. You understand that you have access to the Services and SpaceLabs
Card only to the extent authorized by the Space Labs d.o.o. You acknowledge and
agree that Space Labs d.o.o. will satisfy obligations created through your use
of the SpaceLabs Card and you will repay Partner based on the terms of your
User Agreement, subject to the terms below.
You understand that the SpaceLabs
Card is not intended for personal, consumer, or household use and you agree you
will only use the SpaceLabs Card for commercial or business purposes.
Details on Space Labs d.o.o. ’s
collection, use, and handling of your personal data are described in Space Labs
d.o.o. Privacy Policy. Please review it carefully and contact Space Labs d.o.o.
if you have any questions. By opening, using, or maintaining a Card, you
consent to and direct Issuer to share information relating to transactions,
including receipt information or other personal data, in order to deliver the
Services.
Issuer:
The card program is issued by
the Issuer under license from Visa. The information about the cost of the Card
described in the above table is accurate as of October 1st, 2025. This
information may change after that date. To find out what may have changed, call
or write the servicer, at support@spacelabs.world.
Space Labs d.o.o. and Issuer
reserve the right to amend these Card Terms or impose additional obligations or
restrictions on you at any time with or without notice to you. By continuing to
use the Services, you agree to be bound by such amendments or additional
obligations or restrictions. The date on the top of this page shows when the
Card Terms were last updated. Capitalized terms that are not defined here have
the definitions provided in the Space Labs d.o.o. Agreement.
Defined Terms:
“Card Networks” means the
payment card networks including Visa or Mastercard.
“Charge” means a payment for
goods or services made to a merchant that accepts payments on the applicable
Card Network.
“Chargeback” means a dispute
that you initiate against a merchant for an unresolved dispute with the
merchant or where a Charge is unauthorized.
“Fee” means charges we impose
on you for use of Services or your use of a Space Labs d.o.o. Card.
“Issuer” refers to the issuer
of the card program. The issuer for this card program is Third National.
“Periodic Statement” means the
periodic statements that reflect activity for all Cards issued to you
identifying charges, fees, refunds, or other amounts owed or credited to your Space
Labs d.o.o. Account during the time covered by that statement.
“Supported Blockchains” means
the Ethereum Blockchain, Polygon Blockchain, Optimism Blockchain, Arbitrium
Blockchain and other blockchain networks which may be added at the sole
discretion of Issuer.
Agreement:
1.
Accepting
this Agreement & Eligibility
These Card Terms become
effective and legally binding when you activate or create your Card by
following the instructions on the Space Labs d.o.o. platform. You and we agree
to comply with, and be bound by, this entire agreement. You should retain and
carefully review these Card Terms. By creating a card, you agree to the
Arbitration Clause below as it pertains to this agreement, even if you do not
use the Account or the Card.
By using a Card you represent
and warrant in your individual capacity that:
•
You
are not a person who is blocked or sanctioned by the United States Government,
including those identified by the United States Office of Foreign Asset
Controls (OFAC).
•
You
will use the Services exclusively for purposes permitted by these Card Terms
and the Space Labs d.o.o. Agreement.
•
All
information you provide to us, either directly or through Partner, is and will
be true, correct, and complete.
•
You
will not use the SpaceLabs Card for personal, family, or household use.
•
You
will only use the SpaceLabs Card in compliance with applicable law.
•
You
attest that you are not a United States citizen, and that you are signing up
for a card that is intended for those outside of the United States.
2.
Issuer
Terms
Cards are issued either by the
issuer identified on the back of the Space Labs d.o.o. SpaceLabs Card issued to
you, as identified in these Card Terms, or any other agreements or materials
provided to you (in each case, the “Issuer”). Issuer is the creditor
responsible for funding your payments for goods and services your purchase at a
merchant through your SpaceLabs Card and based on information provided by
Partner. Please note that the Issuer may require you to accept additional terms
in addition to the agreements you have with Space Labs d.o.o. , and your use of
the Space Labs d.o.o. Cards will then also be subject to such additional
terms.
3.
Collateral
Either your primary Linked
Wallet or any Additional Wallets may provide the collateral that will secure
the Charges made by you on any SpaceLabs Card (the “Collateral”). The
Collateral will be in the form of a Digital Asset. Issuer reserves the right to
designate which forms of Digital Assets may be used as Collateral, and reserves
the right to decline a form of Collateral if it does not meet its updated
policies, guidelines, or the Issuer’s requirements.
A “Liquidation Event” will
occur a) if you have an outstanding payment obligation to Space Labs d.o.o. or
the Issuer or the Partner, as applicable, and such payment obligation has not
been paid in full by you within one (1) calendar day; OR b) the Market Value of
your collateral drops below the value of the existing charges on your Space
Labs d.o.o. Card(s) and you do not add additional collateral. Space Labs d.o.o. and Issuer may allow for an
additional grace period at their discretion.
“Market Value” of the
Collateral will be determined by Space Labs d.o.o. and/or Issuer using the net redemption value
provided by a centralized stablecoin issuer and/or the real time price posted
on a reputable and recognized exchange or price aggregator, or by reference to
a price oracle, subject toSpace Labs d.o.o. or Issuers discretion. You agree
that the market value of your collateral is determined solely by Issuer through
the above methods. You further agree that the Market Value is determined at the
time of a Liquidation Event and any change in or fluctuation in value of the
collateral before or after a Liquidation Event will have no bearing on
obligations owed to Space Labs d.o.o. and/or Issuer.
You, through one or more of
your Linked Wallet or Additional Wallets, will be required to post Collateral
that has Market Value in United States Dollars (“USD”) equal to each dollar
that is charged to all of your Space Labs d.o.o. Cards. For example, if you
provide Digital Assets with a Market Value equal to $100 of value in USD, and
that Market Value does not change, your spending limit will be equal to $100
USD across all your Space Labs d.o.o. Cards. Once $100 USD has been charged to
your Space Labs d.o.o. Cards, you will be required to provide additional
Collateral for any incremental Charges. If the Market Value of your collateral
goes down below $100 USD, and you have $100 USD in charges, you may be subject
to a Liquidation Event. If the Market Value of your collateral is subject to a
liquidation event when the Market Value is below your existing charges, you
still owe Space Labs d.o.o. and Issuer any difference between the USD value of
the charges, and the USD value of the collateral at the time of Liquidation.
Your withdrawal of any
Collateral will not terminate any outstanding payment obligations you may have
on your Space Labs d.o.o. Cards.
Space Labs d.o.o. and Issuer
will not, in any circumstance, be holding custody of your Collateral. Space
Labs d.o.o. is not a custodian or owner of your Collateral. If a Liquidation
Event occurs, only the amount required to repay your outstanding financial
obligations to Issuer will be liquidated from your Collateral. Any unencumbered
Collateral balances shall remain freely accessible. You authorize and consent
to Issuer liquidating the Collateral upon a Liquidation Event through a third
party or by other means in order to satisfy payment obligations owed by you to
Space Labs d.o.o. , the Issuer or other third party, as applicable.
4.
Spending
Limits
Your spending limit is
generally set by Space Labs d.o.o. pursuant to the terms of the Space Labs
d.o.o. Terms. Issuer may additionally set spending limits on each SpaceLabs
Card or an aggregate spending limit across all Space Labs d.o.o. Cards, at its
sole discretion. Space Labs d.o.o. Account Spending limits are dynamic and may
be modified at any time with or without notice to you, including temporarily
increases or decreases or reducing spending limits to $0. Any authorized Charge
or fee on a SpaceLabs Card may reduce your spending limit by a corresponding
amount. Space Labs d.o.o. Account
When you use SpaceLabs Card to
initiate a transaction at certain merchants where the amount of the final
transaction is unknown at the time of authorization, Issuer may assess a value
to such a Charge for an amount higher or lower than the final Charges. The
initial “hold” Charge will reduce your spending limit until the final Charge is
determined.
5.
Purchases
& Restrictions
The primary purpose of your
Account is to facilitate corporate expenses and other corporate purchases. Space
Labs d.o.o. and Issuer reserve the right to block and terminate transactions
and suspend access to your Account, unless prohibited by applicable law, for
transactions and activity which presents patterns that do not conform with
business purposes. You may use your Account to purchase or lease goods or
services (each, a “purchase”) by presenting your Card or providing to
participating merchants and establishments that honor the Card your Card number
and additional information by any other means (for example, over the phone,
online or through a mobile app). We will not be liable to you (or anyone else)
if any merchant or other person cannot or will not process a purchase permitted
under these Card Terms. Unless prohibited by applicable law, we may from time
to time limit the type, number and dollar amount of any purchase, including any
cash-like transaction, even if you have sufficient available credit to complete
the purchase. Cash-like transactions include, but are not limited to, the
following transactions to the extent they are accepted:
• purchasing travelers checks,
foreign currency, money orders, wire transfers, cryptocurrency, other similar
digital or virtual currency and other similar transactions;
• purchasing lottery tickets,
casino gaming chips, race track wagers, and similar offline and online betting
transactions;
• person-to-person money
transfers and account-funding transactions that transfer currency; and
• making a payment using a
third-party service including bill payment transactions not made directly with
the merchant or their service provider.
We reserve the right to deny
any purchase for any reason, such as account default, suspected fraudulent or
unlawful activity, internet gambling, or any indication of increased risk
related to the purchase. We may terminate or suspend your use of the Card or
the Account, with or without notice to you before or at the time we take such
action. Cash advances and balance transfers are not available under these Card
Terms.
You acknowledge and agree that
you have read and understood the “Partner prohibited activities list] and that
you will not engage in any such activities when using the Services or the Space
Labs d.o.o. Card.
You acknowledge and agree that
you will not use the Space Labs d.o.o. Card (1) for any expense which is not a
business expenses incurred by you; (2) for any purpose prohibited by these Card
Terms; (3) for, with, or for the benefit of any individual or entity who is
blocked or sanctioned by the United States, including those identified by the
United States Department of Treasury’s Office of Foreign Assets Control (OFAC);
for personal, family, or household use.
You will use all reasonable
means to protect your Space Labs d.o.o. Cards and log-in credentials to the Space
Labs d.o.o. Account from unauthorized use. You will not allow any other person
or third party to use the Services or the SpaceLabs Card on your behalf. You
will immediately us where you know or suspect that access to your Space Labs
d.o.o. Account has been compromised or your SpaceLabs Card has been lost,
stolen, or compromised in any way.
6.
Payments
6.1 Promise to Pay
While you will generally repay
Space Labs d.o.o. for amounts transacted with your Card, you also promise to
pay Issuer or its assignees for all amounts charged to the Account not repaid
by Partner, including all purchases, interest, and charges charged to your
Account. You are obligated to repay Space Labs d.o.o. or its assignees, for all
transactions made using your Card by people you have authorized to use the Card
even if their use of the Card exceeds the authorization which you gave them,
6.2 Periodic Statements
You are responsible for
payment in full of all Charges and Fees. Your Space Labs d.o.o. Space Labs
d.o.o. Account may include Periodic Statements identifying Charges, Fees,
refunds, the amount of your Collateral, any other Card transactions, or other
amounts owed or credited to your Space Labs d.o.o. Account. Periodic Statements
may be made accessible to you on your Space Labs d.o.o. Account daily, monthly,
or as otherwise prescribed by Issuer. You must notify us promptly if you
believe that there are any errors on your Periodic Statement, and submit any
disputes or Chargebacks in accordance with these Card Terms. We are not
obligated to send you a monthly statement if we deem your Account to be
uncollectible or applicable law does not require us to send you a monthly
statement for other reasons.
6.3 Repayments
Where applicable, you may make
a repayment for a balance on one or more of your Space Labs d.o.o. Cards by any means that are
permitted by Space Labs d.o.o. and as provided in your Space Labs d.o.o. Account.
Any failure to pay the full
amount owed to Space Labs d.o.o. or the Issuer, as applicable, when required is
a breach of these Card Terms. You are responsible for all costs or expenses
that we may incur in collecting amounts owed but not timely paid, including
legal or collections fees and any interest at the maximum rate permitted under
law.
6.4 Prepayment
At any time and where
applicable, you may pay all or any part of your outstanding Account balance,
without penalty. Payment of more than the payment due in one billing cycle will
not relieve you of the obligation to pay the entire payment due in subsequent
billing cycles.
7.
Fees.
Subject to applicable law you
agree to pay the following fees:
We will disclose any Fees to
you when you are approved for a SpaceLabs Card through your Space Labs d.o.o. Account,
by updating these Card Terms, or through our website. We may update, add, or
change Fees upon 30 days’ notice to you. Fees we assess may include interest or
other finance related charges, periodic fees, fees for Card issuance or
replacement, fees applicable to certain transactions, foreign transaction fees,
usage fees, service fees, cash advance fees, fees for late payments, fees for
failed payments or returned payments, fees for misuse of the Services, fees for
Liquidation Events, or other fees we disclose to you. You are responsible for
Fees in addition to Charges.
7.1 Penalty fees.
(a) Liquidation fee
(b) Each time a payment on
your Account is returned or reversed for any reason or we must return any
check, instrument, or transaction you send us because it is incomplete or
faulty, we will charge you a returned payment fee of $50.00. However, we will not
charge a returned payment fee if we are charging a late fee with respect to the
same minimum payment due and will never charge a returned payment fee exceeding
the minimum payment due that was due immediately prior to the date on which the
payment was returned to us.
(c) Additional fees. We may
charge fees for special services you request in accordance with applicable law.
7.2 Foreign Currency Transactions
If you make a transaction using your Account
in a foreign currency (including, for example, online purchases from a merchant
located outside of the U.S.), the credit card association will convert any
transaction in foreign currency into U.S. dollars using an exchange rate for
the applicable central processing date that is (1) selected by the association
from the range of rates available in wholesale currency markets, which rate may
vary from the rate the association receives, or (2) the government mandated
rate. The conversion rate you get may differ from the rate on the transaction
date or the posting date, and from the rate that the credit card association
gets. A merchant or other third party may convert a transaction into U.S.
dollars or another currency, using a rate they select, before sending it to the
credit card association.
Foreign Transaction Fees up to 3%
8.
Managing
Your Space Labs d.o.o. Cards
8.1 Requesting and Replacing
Cards
We or the Issuer may decide
not to grant requests for Space Labs d.o.o. Cards or limit the number of
physical or virtual Space Labs d.o.o. Cards provided to you.
You are responsible for
securing Space Labs d.o.o. Cards, account numbers, and SpaceLabs Card security
features. You will promptly notify us and take appropriate measures to prevent
unauthorized transactions when a SpaceLabs Card is lost, stolen, breached, or
needs to be replaced. In such cases, you may request the issuance of
replacement Space Labs d.o.o. Cards through your Space Labs d.o.o. Account.
Replacement Cards may have new account numbers that could require you to update
the SpaceLabs Card on file for any scheduled or recurring payments. You are
solely responsible for updating SpaceLabs Card information stored with
merchants where account numbers have been changed.
8.2 Permitted and Unauthorized
Use
You may only use Space Labs
d.o.o. Cards for bona fide business-related Charges and transactions, and not
for personal, family, or household purposes.
You understand that your Space Labs d.o.o. Account is commercial in
nature and that certain consumer protection laws, such as the Credit Card
Consumer Accountability, Responsibility, and Disclosure Act of 2009, do not
apply to your Space Labs d.o.o. Account or the Space Labs d.o.o. Cards. You
agree that all Charges and other transactions in your account will be treated
as business transactions made solely for business purposes.
You agree to establish and
maintain controls designed to ensure that the Space Labs d.o.o. Cards are only
used by you and your permitted authorized users for bona fide business purposes
and in compliance with these Card Terms, any Issuer terms, the Space Labs
d.o.o. Agreement, and applicable law. You are responsible for Charges and
transactions made by any person given access to Space Labs d.o.o. Cards even if
they are not the person associated with or named on the Space Labs d.o.o. Card.
Space Labs d.o.o. , Issuers,
Card Networks, or other intermediary third-party service providers (including
merchant acquirers) may deny or reverse Charges for any reason. Issuer is not
responsible for any losses, damages, or harm caused by any Charges that are
denied or reversed.
8.3 Lost or Stolen Cards.
If your Card is lost or stolen
or if you think someone may be using your Card or Account without your
permission, you must notify us promptly by emailing us at support@spacelabs.world.
You will not be liable for any unauthorized use that occurs after you notify
us. You may, however, be liable for
unauthorized use that occurs before receipt of your notice by us. You have an
obligation to assist us in our investigation if your SpaceLabs Card is lost or
stolen or you believe someone is using your SpaceLabs Card or your Space Labs
d.o.o. Account without your permission.
9.
Chargebacks
You are responsible for
reviewing your Periodic Statements promptly and identifying any Charges that
you believe are unauthorized or that you dispute.
If you and a merchant have a
dispute regarding a Charge identified on your Periodic Statement, such as
delivery of incorrect goods or services or being charged the wrong amount, you
should first attempt to resolve the dispute with the merchant. If the dispute
is not resolved to your satisfaction or if you believe the Charge is
unauthorized, you may initiate a Chargeback through your Space Labs d.o.o. Account.
You must report any disputed Charge or error no more than 60 days after the
disputed Charge is posted on your Periodic Statement. We may require additional
details on the transaction and our review of your disputed Charge will be
conditioned on you providing all of the information we may require to review
the disputed Charge.
You understand that the SpaceLabs
Card is subject to Card Network rules regarding chargebacks. The Card Networks
have additional established procedures for resolving chargebacks that may
require you to provide further details of the disputed Charge or associated
documentation.
Charges relating to disputed
Charges and Chargebacks that are pending resolution may still be due and owing
as of the date that payment is due as provided in the applicable Periodic
Statement. Chargebacks resolved in your favor will be credited to your Space
Labs d.o.o. Account on either the current or a future Periodic Statement. We
may impose Fees, reduce your spending limits, or suspend access to your Space
Labs d.o.o. Account or the Services if you fail to pay Charges relating to
Chargebacks that are pending resolution on the payment date.
10.
Termination
Subject to applicable law, we
may suspend, revoke or cancel your Account privileges, your right to use the
Card or deny any transaction, in our sole discretion at any time, with or
without cause and with or without giving you notice. Any termination of credit privileges, whether
initiated by us or by you, will not affect any of our rights or your
obligations under these Card Terms, including your obligation to repay any
amounts you owe us according to the terms of these Card Terms. On our demand or
upon termination of credit privileges, you agree to surrender to us or destroy
the Card. If you attempt to use the Card after the termination of credit
privileges (whether or not we have provided notice of such termination), the
Card may be retained by a merchant, ATM or financial institution where you
attempt to use the Card.
11.
Change
of Terms
Subject to applicable law, we
may at any time change, add to or delete terms and conditions of these Card
Terms, including interest rates and this Change of Terms provision. Such
changes may be based on our anti-fraud policies and procedures, your level of
compliance with these Card Terms, prevailing economic conditions and/or any
other factors. We will give you notice of any change, addition or deletion as
required by applicable law. As of the effective date, the changed terms, at our
option, will apply to new purchases and the outstanding balances of your
Account, to the extent permitted by applicable law.
12.
Remedies
In the event of your default
under these Card Terms, we may, subject to applicable law (including any
applicable notice requirement): (a) declare all or any portion of your
outstanding Account balance to be immediately due and payable; (b) instead
allow you to repay your Account balance by paying the minimum payment due each
billing cycle, without waiving any rights under subsection (a); and/or (c)
commence a collection action against you and charge you for any court costs
and/or any reasonable attorneys’ fees and costs we are charged in connection
with such action by any attorney who is not our salaried employee. After a
default, interest charges will continue to accrue until your total Account
balance, including accrued interest charges, is paid in full, subject to
applicable law.
13.
Delay in Enforcement
We may at any time and in our
sole discretion delay or waive enforcing any of our rights or remedies under
these Card Terms or under applicable law without losing any of those or any
other rights or remedies. Even if we do not enforce our rights or remedies at
any one time, we may enforce them at a later date. For example, we may accept
late payments without losing any of our rights under these Card Terms.
14.
Communications
and Call Recording.
You authorize Space Labs
d.o.o. , Issuer and their partners (one of and each of Issuer’s joint or
independent affiliates, agents, assigns, and service providers (collectively,
the “Messaging Parties”) to use automatic telephone dialing systems, artificial
or prerecorded voice message systems, text messaging systems and automated
email systems, or any system capable of storing and dialing telephone numbers
to deliver messages relating to these Card Terms, your Account, or your
relationship with the Messaging Parties more generally (including but not
limited to: messages about , upcoming payment due dates, missed payments and
returned payments) to any telephone number(s) you provide to the Messaging
Parties. You also agree that these messages may deliver prerecorded and/or
artificial voice messages. You understand that telephone messages may be played
by a machine automatically when the telephone is answered, whether answered by
you or someone else, and that these messages may also be recorded by your
answering machine. You also authorize the
Messaging Parties to deliver messages to you via mail or email at any addresses
you supply to them or that they obtain through any legal means.
You understand that anyone
with access to your mail, telephone or email account may listen to or read the
messages the Messaging Parties leave or send you, and you agree that the
Messaging Parties will have no liability for anyone accessing such messages.
You further understand that, when you receive a telephone call, text message or
email, you may incur a charge from the company that provides you with
telecommunications, wireless and/or internet services, and you agree that the
Messaging Parties will have no liability for such charges except to the extent
required by applicable law. You expressly authorize the Messaging Parties to
monitor and record your calls with the Messaging Parties. If any telephone
number you have provided to the Messaging Parties changes, or if you cease to
be the owner, subscriber, or primary user of any such telephone number, you
agree to immediately give notice to the Messaging Party who delivered the
messages of such facts so that the Messaging Party can update its records.
This authorization is part of
our bargain concerning these Card Terms, and we do not intend it to be
revocable. However, to the extent you have the right to revoke your consent to
communications by autodialed calls and text messages to your mobile number
under applicable law, you may exercise this right by contacting the applicable
Messaging Party directly or by sending a request by email to support@spacelabs.world
with the subject line “END COMMUNICATIONS.” You may opt-out of receiving most
of these messages at any time by sending us a request to support@spacelabs.world
or by responding “STOP” to any text message. To stop emails only, you can
follow the opt-out instructions included at the bottom of the Messaging
Parties’ emails.
15.
Governing Law
These Card Terms will be
interpreted in accordance with the laws of Puerto Rico without regard to
conflict-of-law provisions. Judicial proceedings (other than small claims
actions) that are excluded from the Arbitration section above must be brought
in state or federal court in Puerto Rico, unless we both agree to some other
location, and you hereby consent to the venue and personal jurisdiction of such
court.
16.
Dispute Resolution & Arbitration
PLEASE READ THIS "DISPUTE
RESOLUTION AND ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR
RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ISSUER.
Binding Arbitration:
(a) You and Issuer agree that
any and all past, present and future Disputes (defined below) shall be
determined by arbitration, unless your Dispute is subject to an exception to
this agreement to arbitrate set forth below. You and Issuer further agree that
any arbitration pursuant to this section shall not proceed as a class, group or
representative action. The award of the arbitrator may be entered in any court
having jurisdiction. “Dispute” means any dispute, claim, or controversy between
you and Issuer that arises out of or relates to (i) these Card Terms (including
any addenda hereto or other terms incorporated herein by reference), (ii) the
breach, termination, enforcement, interpretation or validity hereof, including
the determination of the scope or applicability of the agreement to arbitrate
hereunder, or (iii) any Services (including, without limitation, the Space Labs
d.o.o. Card).
(b) This agreement to
arbitrate shall be construed under and be subject to the Federal Arbitration
Act, notwithstanding any other choice of law set out in these Card Terms.
Arbitration Procedure:
(a) Before filing a claim
against Issuer, you agree to try to resolve the Dispute informally by providing
written notice to Issuer of the actual or potential Dispute. Similarly, Issuer
will provide written notice to you of any actual or potential Dispute to
endeavor to resolve any claim we may possess informally before taking any
formal action. The party that provides the notice of the actual or potential
Dispute (the "Notifying Party") will include in that notice (a
"Notice of Dispute") your name, the Notifying Party’s contact
information for any communications relating to such Dispute, and sufficient
details regarding such Dispute to enable the other party (the "Notified
Party") to understand the basis of and evaluate the concerns raised. If the
Notified Party responds within ten (10) business days after receiving the
Notice of Dispute that it is ready and willing to engage in good faith
discussions in an effort to resolve the Dispute informally, then each party
shall promptly participate in such discussions in good faith.
(b) If, notwithstanding the
Notifying Party’s compliance with all of its obligations under the preceding
paragraph, a Dispute is not resolved within thirty (30) days after the Notice
of Dispute is sent (or if the Notified Party fails to respond to the Notice of
Dispute within ten (10) business days), the Notifying Party may initiate an
arbitration proceeding as described below. If either party purports to initiate
arbitration without first providing a Notice of Dispute and otherwise complying
with all of its obligations under the preceding paragraph, then,
notwithstanding any other provision of these Card Terms, the arbitrator(s) will
promptly dismiss the claim with prejudice and will award the other party all of
its costs and expenses (including, without limitation, reasonable attorneys’
fees) incurred in connection with such Dispute.
(c) You and Issuer each agree
to resolve any Disputes that are not resolved informally as described above
through final and binding arbitration as discussed herein, except as set forth
under Section 12.3 below. You and Issuer agree that the American Arbitration
Association ("AAA") will administer the arbitration under its
Commercial Arbitration Rules (the "Rules"). The Rules are available
at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to
initiate arbitration must provide the other party with a written Demand for
Arbitration as specified in the AAA Rules. (The AAA provides a general Demand
for Arbitration.) Arbitration will proceed on an individual basis and will be
handled by a sole arbitrator. The single arbitrator will be either a retired
judge or an attorney licensed to practice law and will be selected by the
parties from the AAA’s roster of arbitrators. If the parties are unable to
agree upon an arbitrator within fourteen (14) days of delivery of the Demand
for Arbitration, then the AAA will appoint the arbitrator in accordance with
the AAA Rules. The arbitrator(s) shall be authorized to award any remedies,
including injunctive relief, that would be available to you in an individual
lawsuit, subject to any effective and enforceable limitations of liability or
exclusions of remedies set forth herein. Notwithstanding any language to the
contrary in this paragraph, if a party seeks injunctive relief that would
significantly impact other Issuer users as reasonably determined by either
party, the parties agree that such arbitration will proceed on an individual
basis but will be handled by a panel of three (3) arbitrators. Each party shall
select one arbitrator, and the two party-selected arbitrators shall select the
third, who shall serve as chair of the arbitral panel. That chairperson shall
be a retired judge or an attorney licensed to practice law and with experience
arbitrating or mediating disputes. In the event of disagreement as to whether
the threshold for a three-arbitrator panel has been met, the sole arbitrator
appointed in accordance with this Section shall make that determination. If the
arbitrator determines a three-person panel is appropriate, the arbitrator may
— if selected by either party or as the chair by the two party-selected
arbitrators — participate in the arbitral panel. Except as and to the extent
otherwise may be required by law, the arbitration proceeding and any award
shall be confidential.
(d) You and Issuer further
agree that the arbitration will be held in the English language in New York,
New York, or, if you so elect, all proceedings can be conducted via
videoconference, telephonically or via other remote electronic means.
(e) Filing costs and
administrative fees shall be paid in accordance with the AAA Rules; provided
that the prevailing party will be entitled to recover its reasonable attorneys’
fees, expert witness fees, and out-of-pocket costs incurred in connection with
the arbitration proceeding, in addition to any other relief it may be
awarded.
(f) You and Issuer agree that,
notwithstanding anything to the contrary in the Rules, the arbitration of any
Dispute shall proceed on an individual basis, and neither you nor Issuer may
bring a claim as a part of a class, group, collective, coordinated, consolidated
or mass arbitration (each, a "Collective Arbitration"). Without
limiting the generality of the foregoing, a claim to resolve any Dispute
against Issuer will be deemed a Collective Arbitration if (i) two (2) or more
similar claims for arbitration are filed concurrently by or on behalf of one or
more claimants; and (ii) counsel for the claimants are the same, share fees or
coordinate across the arbitrations. "Concurrently" for purposes of
this provision means that both arbitrations are pending (filed but not yet
resolved) at the same time.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR ISSUER SHALL BE ENTITLED TO
CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR
ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY,
INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE
HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing,
any challenge to the validity of this paragraph shall be determined exclusively
by the arbitrator.
Small Claims:
Notwithstanding your and
Issuer’s agreement to arbitrate Disputes, You and Issuer retain the right to
bring an individual action in small claims court.
Class Waiver:
To the extent applicable law
permits, any dispute arising out of or relating to these Card Terms, whether in
arbitration or in court, will be conducted only on an individual basis and not
in a class, consolidated or representative action. Notwithstanding any other
provision of these Card Terms or the AAA Rules, disputes regarding the
interpretation, applicability, or enforceability of this class waiver may be
resolved only by a court and not by an arbitrator. If this waiver of class or
consolidated actions is deemed invalid or unenforceable, neither party is
entitled to arbitration.
No Jury Trial:
If for any reason a claim or
dispute proceeds in court rather than through arbitration, each party knowingly
and irrevocably waives any right to trial by jury in any action, proceeding or
counterclaim arising out of or relating to these Card Terms.
Venue and Jurisdiction for
Judicial Proceedings:
Except as otherwise required
by applicable law or provided in these Card Terms, in the event that the
agreement to arbitrate is found not to apply to you or your Dispute, you and
Issuer agree that any judicial proceeding may only be brought in a court of
competent jurisdiction in Puerto Rico. Both you and Issuer irrevocably consent
to venue and personal jurisdiction there; provided that either party may bring
any action to confirm an arbitral award in any court having jurisdiction.
Confidentiality:
The existence of and all
information regarding any Dispute will be held in strict confidence by the
parties and will not be disclosed by either party except as reasonably
necessary in connection with the conduct of the arbitration or the confirmation
or enforcement of any arbitral award. Any such permitted disclosure will, to
the maximum extent reasonably practicable, be made subject to obligations of
confidentiality at least as stringent as the provisions of this paragraph. If
any disclosure of information regarding any Dispute is required under
applicable law, the parties shall reasonably cooperate with one another to
obtain protective orders or otherwise to preserve the confidentiality of such
information.
Survival:
This agreement to arbitrate
shall survive the termination or expiration of these Card Terms. With the
exception of the provisions of this agreement to arbitrate that prohibit
Collective Arbitration, if a court decides that any part of this agreement to arbitrate
is invalid or unenforceable, then the remaining portions of this agreement to
arbitrate shall nevertheless remain valid and in force. In the event that a
court finds the prohibition of Collective Arbitration to be invalid or
unenforceable, then the entirety of this agreement to arbitrate shall be deemed
void (but no provisions of these Card Terms unrelated to arbitration shall be
void), and any remaining Dispute must be litigated in court pursuant to the
preceding paragraph.
Indemnity:
You will indemnify and defend
each of Space Labs d.o.o. and Issuer, and their affiliates, and their
respective partners, directors, officers, employees, agents, trustees,
administrators, managers, advisors, and representatives (each an “Indemnitee”)
against, and hold each Indemnitee harmless from, any and all claims,
litigation, investigations, proceedings, losses, damages, fines, penalties,
liabilities, settlements, costs, fees, and expenses incurred by any Indemnitee
or asserted against any Indemnitee by any person: (1) arising out of, in
connection with, related to, or as a result of, a breach by you or by any
Company Administrator or Company User of any of the representations,
warranties, covenants, or agreements contained in these Card Terms, the User
Terms, any terms applicable to any Third Party Provider or any other agreements
with any Issuing Partner or that otherwise relate to the Services or the use of
the Space Labs d.o.o. Card; (ii) for amounts owed by Company to third parties;
(iii) for acts or omissions of Company Administrators, Company Users, or other
Company employees or agents; (iv) for Company’s use of the Services; or (v) for
disputes over charges between Company and merchants. Space Labs d.o.o. and
Issuer may defend any claim subject to indemnification hereunder, using counsel
of its choice, and you will pay or promptly reimburse the Issuer and Company
for the reasonable fees of such counsel and all related costs and reasonable
expenses
.
If you are a user from a
jurisdiction that does not allow the certain indemnification obligations, you
agree that the foregoing section titled “Indemnity” is intended to be as broad
as permitted under the laws of such jurisdiction. If any portion of this
section is held to be invalid under the laws of such jurisdiction, the
invalidity of such portion will not affect the validity of the remaining
portions of the applicable sections.
SPACE LABS D.O.O. CREDIT CARD ACCOUNT OPENING
DISCLOSURES – NO SET LINE OF CREDIT (US Consumer)
How We Will Calculate Your Balance: We use a method called "average
daily balance". See your Cardholder Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to
exercise those rights is provided in your Card Regulations.
Loss of Introductory APR: There is no interest chargeable to
this Credit Card.
How We Will Calculate Your Variable APRs: There is no interest
chargeable to this Credit Card.
Prime Rate: There
is no interest chargeable to this Credit Card.
Military Lending Act Disclosure: The following disclosure applies to
persons covered by the Military Lending Act – other governmental programs and
laws may also govern or apply to this transaction but are not described in the
following disclosure. The following disclosure is required by the Military
Lending Act. Federal law provides important protections to members of the Armed
Forces and their dependents relating to extensions of consumer credit. In
general, the cost of consumer credit to a member of the Armed Forces and his or
her dependent may not exceed an annual percentage rate of 36 percent. This rate
must include, as applicable to the credit transaction or account: the costs
associated with credit insurance premiums; fees for ancillary products sold in
connection with the credit transaction; any application fee charged (other than
certain application fees for specified credit transactions or accounts); and
any participation fee charged (other than certain participation fees for a
credit card account).
SPACELABS CARDHOLDER AGREEMENT – SET LINE OF
CREDIT
Last Updated: 2025-October-01
Arbitration Clause; Notices:
PLEASE REVIEW THE ARBITRATION CLAUSE AND NOTICES SET FORTH BELOW IN THE SECTION
TITLED IDSPUTE RESOLUTION AND ARBITRATION. BY USING THE RAIN CARD, YOU ARE
AGREEING TO THE ARBITRATION CLAUSE AND NOTICES SET FORTH THAT SECTION. THE
ARBITRATION CLAUSE WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT
OF A DISPUTE, INCLUDING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS
PROCEEDING.
This SpaceLabs Cardholder Agreement (“Agreement”)
is a binding agreement between you (“you”) and Issuer including its
affiliates, successors, and assigns (“Issuer,” “we”, “us,”
or “Our”) that govern your use of the card account (“Account”)
provided by Space Labs d.o.o.. The SpaceLabs Card is provided to you on behalf
of Space Labs d.o.o. in connection with your status as Space Labs d.o.o.
customer and pursuant to your separate User Agreement between you and Space
Labs d.o.o. (the “User Terms”). The Issuer
is not a party to the Space Labs d.o.o. User Terms and disclaims any liability
for the performance of services covered therein.
We reserve the right to amend
this Agreement or impose additional obligations or restrictions on you at any
time with or without notice to you, except where required by applicable law. By
continuing to use the Cards, you agree to be bound by such amendments or
additional obligations or restrictions. The date on the top of this page shows
when this Agreement was last updated.
Additional Definitions
The term “Card” means any card we issue
associated with your Account, including renewal and substitute cards. The term
“Card” also means any other access device that allows you to obtain Account credit from us, including
your Account number. Other capitalized terms that are not defined here are
generally defined the first time we use those terms. The term “Issuer” refers
to Third National. The term “Supported Blockchain” means the Ethereum
Blockchain, Polygon Blockchain, Optimism Blockchain, Arbitrum Blockchain and
other blockchain networks which may be added at our sole discretion.
Overview of Account Agreement
Our Account agreement with you
(the “Agreement”) is contained in and governed by:
•
this
document, called the SpaceLabs Cardholder Agreement;
•
all
Account disclosures and terms provided to you before or when the Account is
opened, including the terms you accepted when applying for the Account,
disclosures in our Card Account Opening Disclosures (the “Account Opening
Disclosures”), and any terms we provided in written materials accompanying your
Card;
•
all
other documents, disclosures and terms that relate specifically to your
Account, including:
•
the
privacy notices we or Space Labs d.o.o. provide to you;
•
the
terms shown on periodic billing statements for your Account (each, a
“Statement”);
•
the
e-signature & electronic communications consent agreement
•
your
agreement that you were not solicited for this product, and
•
any
future changes we make to any of the above items, as permitted or required by
applicable law.
You agree that this Agreement
becomes effective the first time you use any Card or the Account. You agree
that you were not solicited for this product. You also agree that we may keep
and use an image or copy of the Agreement to enforce its terms against you.
When the Agreement states we “may” take an action, it means we are authorized
to take that action in our sole discretion, subject only to any limitations or
requirements established by law and the express terms of the Agreement. Please
read these materials carefully and keep them for future reference. We may make
new offers to you in the future or forward offers from others that may interest
you. If these offers have new or different terms, those terms will be provided
with the offer. If you accept the offer, the previously disclosed terms in the
Agreement will still apply, except as modified by the offer.
Account Information We Need
We need and will request complete, current and
valid information about you to manage your Account. Such information may
include but is not limited to: your legal name; your address(es); your
telephone number(s); your date(s) of birth; your employment and income
information; and your Social Security number(s); or other government
identification number(s). If we agree to
issue additional Cards, You must tell us when this information changes. You may
update your address as described on your most recent Statement, through the
website we maintain for your Account, or by calling us at the telephone number
shown on your most recent Statement or the back of your Card. We may require
that you provide additional documents that are acceptable to us so that we can
verify this information and any changes. We may restrict or close your Account,
if we are unable to verify your information, if you do not provide the
additional information we request, or at our sole discretion.
TO HELP THE GOVERNMENT FIGHT
THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES
US TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO
OPENS AN ACCOUNT. WHAT THESE MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL
ASK FOR THE NAME, ADDRESS, EMPLOYER IDENTIFICATION NUMBER AND ORGANIZATIONAL
DOCUMENTS OF THE ACCOUNT OWNER AND THE NAMES, ADDRESSES, DATES OF BIRTH, AND
OTHER INFORMATION CONCERNING EACH PRINCIPAL OWNER THAT WILL ALLOW US TO
IDENTIFY THE ACCOUNT OWNER AND ITS PRINCIPAL OWNERS. WE MAY ALSO ASK TO SEE A
COPY OF EACH PRINCIPAL OWNERS’ DRIVER’S LICENSES OR OTHER IDENTIFICATION
DOCUMENTS.
Balance Categories of Your Account
“Balance Categories” are the
different Account segments we may establish with unique pricing, grace periods
or other terms. The Balance Categories of your Account include Purchases, and
Special Offers. We reserve the right to decide which Balance Category applies
for each Account transaction and our decision will be final.
A “Purchase” means the
property, rights, goods and services we allow you to purchase, rent, or
otherwise obtain directly from merchants and vendors by using your Card.
A “Special Offer” means
transactions and balances that post to your Account, subject to unique pricing,
grace periods, or other terms we disclose from time to time for promotional and
other reasons. Our Special Offer disclosures will explain when any unpaid
Special Offer balances may be transferred to and combined with a different
Balance Category after any temporary rate period ends.
Your Promises To Us
You promise to do everything
the Agreement requires of you, as long as your Account has a balance or remains
open. Each of you and all of you promise, individually and together, to pay us
all amounts due on your Account, now and in the future. This includes amounts
where you did not sign a purchase slip or other documents for the transaction.
If you use your Card number without presenting your actual Card (such as for
mail, telephone or Internet purchases), these transactions will be treated as
if you used the Card in person. The amounts due on your Account include all
transactions in each Balance Category made by any of you, plus all Fees and all
Interest Charges, as described in this Agreement. Your “Interest Charges” are
the charges we add to your Account based on the Annual Percentage Rates we
apply to your Account balances. Your “Fees” are the charges we add to your
Account that are not based on the Annual Percentage Rates. If you allow someone
else to use your Card, you are responsible for all transactions made by that
person and all associated Fees and Interest Charges. If you die, your promise
to pay us will apply to your estate, as permitted by law.
Using Your Account and Card
You may use your Card and the
Account for making Purchases and for obtaining Special Offers, as permitted by
this Agreement and applicable law.
You agree to sign the Card
immediately after you receive it. The Card is valid during the dates shown on
the front. The Card is our property and you agree to return it to us or destroy
it, if we ask. You agree to take reasonable steps to prevent the unauthorized
use of your Card and Account.
We are not responsible to you
if someone refuses to accept your Card for any reason. We may reject any
transaction for any reason. We may limit the combined dollar amount or the
total number of certain Account transactions allowed during a single day or other
time periods. We may restrict or delay the availability of Account credit, to
protect you and us against potential fraud, unauthorized transactions, Account
misconduct or misuse, or for other risk management reasons. We will not be
liable to you if this happens. Except as otherwise required by applicable law
or regulation, we will not be responsible for merchandise or services purchased
or leased through the use of any Card or the Account.
You agree not to use, try to
use, or permit use of the Card or Account for any Internet gambling
transactions or any other transactions that are illegal or not permitted by us.
Even if you do, you must still pay us for these transactions and they remain subject
to all other terms of our Agreement. You must reimburse the Payment Card
Network and us for all damages and expenses associated with these transactions.
From time to time, Account
services may be unavailable to you , due to circumstances beyond our control,
such as system failures, fires, floods, natural disasters or other
unpredictable events. When this happens, you may be unable to use your Card or
obtain Account information. We will not be responsible or liable to you if this
happens.
Using a PIN
We may give you a personal
identification number (“PIN”). For security reasons, you may have to provide
the PIN before you are able to complete some transactions using the Card. With
a PIN, you may, if enabled by us, use your Card to obtain cash from certain
automated teller machines (“ATM”) or make Purchases at certain merchant
point-of-sale devices (“POS”). Where enabled, you may do these things if the
ATM or POS requires entry of a PIN and displays the logo of the Payment Card
Network on your Card. We will treat any allowed ATM transactions as Cash
Advances and all POS transactions as Purchases. Keep your PIN secure and do not
write it down, give it to anyone, or keep it with your Card. If you lose your
Card or believe someone has gained unauthorized access to your PIN, you must
contact us immediately.
Statements and Billing Cycles
The documents or information
we provide after each Billing Cycle through your Statement will disclose
important information about your Account, including your Account transactions,
payments, Fees, Interest Charges, unpaid balances in each Balance Category, and
payment requirements. The intervals of time between your regular Statements
(each, a “Billing Cycle”) are generally equal (approximately 30 days), but may
vary slightly in length. Your first Billing Cycle may be more or less than 30
days. You must pay any Minimum Interest Charge and any Fees due after your
first Billing Cycle, even if it is for a period less than 30 days. Your
Statements disclose the specific length of each Billing Cycle. Your Account
will continue to have Billing Cycles, even if a Statement is not required after
any Billing Cycle.
We will send a single
Statement to you for all Cards on your Account, except when we are not required
or permitted by law to send a Statement. We will send a Statement at the end of
each Billing Cycle when your Account has a debit or credit balance of more than
$0.01, if we have charged any Interest Charges to your Account, or as otherwise
required by law.
Disputed Transactions
You must promptly inspect each
Statement you receive and tell us about any errors or questions you have, as
described in the “Billing Rights” section of your Statement and this Agreement.
If you do not notify us as provided in these disclosures, we may assume that
all information in the Statement is correct. If you dispute a transaction made
by you or someone else on your Account, and we later credit your Account for
all or part of the disputed amount, you agree to:
•
Give
us all of your rights against that other person;
•
Give
us any merchandise or other purchases you received in connection with the
disputed amount, if we ask;
•
Not
pursue any claim or reimbursement from the merchant and other person; and
•
Help
us pursue and obtain reimbursement from the merchant and that other person, by
promptly returning documents with any signatures we may request and otherwise
providing us with reasonable cooperation.
No Warranties
Except as otherwise provided
in the “Billing Rights” section of your Statements and this Agreement, we are
not responsible for any claim you might have regarding the Purchases of goods
or services made with your Card from any merchant or vendor.
Lost or Stolen Cards; Unauthorized Use; Replacement Cards
For Consumers: You must take
reasonable steps to prevent the unauthorized use of your Card and Account. If
you notice the loss or theft of your Card, or a possible unauthorized use of
your Card, you should write to us immediately at the address provided on your
Statement or call us at the telephone number provided on your Statement. You
will not be liable for any unauthorized use that occurs after you notify us.
You may, however, be liable for unauthorized use that occurs before your notice
to us. In any case, your liability will not exceed $50 (or any lesser amount
required by law or as provided under the express terms of a benefit provided by
a Payment Card Network). If we reimburse your Account for unauthorized charges
made using your Card, you agree to help us investigate, pursue and obtain
reimbursement from the wrongdoer. Your help includes giving us documents that
we ask for and that are acceptable to us. Unless canceled, a Card will be valid
through the expiration date which is printed on the Card. We may replace a Card
at any time and we may continue to issue renewal or replacement Cards until you
notify us to cancel the Account.
You are responsible for
canceling any lost, misused or stolen Cards, Cards or the Account that you
suspect may have been the subject of fraud, unauthorized use or misuse, whether
as a result of termination of employment or otherwise. You are responsible for
retrieving the canceled Card and destroying it to prevent further use. You may
also cancel a Card calling our customer service center. You understand that we
will require a reasonable amount of time to act on any request made by
telephone.
You will not be liable for any
unauthorized use of your Card after you notify us orally or in writing of the
loss, theft, or possible unauthorized use and you meet the following
conditions: (1) you have exercised reasonable care with the Card; (2) you have
not reported two or more incidents of unauthorized Card use within the previous
12 months; and (3) you have maintained your Account(s) in good standing. The
foregoing liability limitation does not apply to ATM cash advance transactions.
In any case, your maximum liability for unauthorized use of a Card will not
exceed $50 and you will not be liable for any unauthorized use that occurs
after you notify us (or our designee) at the address or telephone number above.
Credit Limits
Provided you maintain
sufficient collateral to cover a Purchase,
Space Labs d.o.o. doesn’t usually limit how much you can spend on your
Account but sometimes Space Labs d.o.o.
may set a spending limit. The limit could be temporary or permanent. Space Labs d.o.o. will tell you if we do this
but we won’t always notify you in advance.
Space Labs d.o.o. may set and vary limits and restrictions on certain
uses of the Card or certain transactions. For example, contactless purchases
may have their own limits.
Interest Charges
We may charge Interest Charges
to your Account as shown in the Agreement, including your Account Opening
Disclosures and Statements.
We figure the Interest Charges
on your Account by applying a Daily Periodic Rate to an “Average Daily Balance”
of each Balance Category in your Account.
To get the “Average Daily
Balance,” we take the beginning balance of your Account each day (including any
previously billed and unpaid transactions, Interest Charges and Fees), add any
new Fees and Account transactions
(including Purchases, Special Offers, or debit adjustments), and then subtract
any unbilled Interest Charges and any payments or credits. This gives us the
“Daily Balance” in each Balance Category. Then, we add up all the Daily
Balances in each Balance Category for the Billing Cycle and divide the total by
the number of days in the Billing Cycle. This gives us the “Average Daily
Balance.” Your Statements disclose the “Average Daily Balance” of each Balance
Category as the “Balance Subject To Interest Rate.”
Interest Charges begin to
accrue from the earlier of the date of the transaction, the date the
transaction is processed and first posts to your Account, or the first day of
the Billing Cycle, except as prohibited by law or as otherwise described in the
Agreement. Interest Charges accrue on each unpaid amount until it is paid in
full. Billed and unpaid Interest Charges are added to the proper Balance
Category of your Account.
We will not assess Interest
Charges during a Billing Cycle for any new Purchases made during that Billing
Cycle, if you pay the previous month’s New Balance in full by its payment due
date or if your previous month’s New Balance was zero or a credit amount. Each
month that you pay your “New Balance” in full by the payment due date. If you
have been paying your Account in full with no Interest Charges applied to
Purchases, and you do not pay the next New Balance of your Account in full, we
will assess prorated Interest Charges on the unpaid balance of your Purchases,
as permitted or required by law. There is no grace period on any new Purchase
transaction when there is an unpaid balance from a previous Statement. A
Special Offer transaction is not subject to a grace period, unless the terms we
provided with the Special Offer expressly state that these transactions are
subject to a grace period.
To determine the “Daily
Periodic Rate” that applies to each Balance Category, we divide the
corresponding Annual Percentage Rates by the number of days in a year. The
resulting Daily Periodic Rate is carried three places past the decimal point
and the last digit is rounded. We calculate your total Interest Charges by
multiplying the Average Daily Balance of each Balance Category by its Daily
Periodic Rate and then multiplying the result by the number of days in the
Billing Cycle. This calculation may vary slightly from the Interest Charges we
actually charge after a Billing Cycle, due to the effects of rounding or as a
result of any Minimum Interest Charge that applies.
Your Account Opening
Disclosures disclose the Daily Periodic Rates and the corresponding Annual
Percentage Rates that apply to each Balance Category. Your Account Opening
Disclosures disclose the Minimum Interest Charges that will be due if any
Balance Category of your Account is subject to Interest Charges after a Billing
Cycle. Your Account Opening Disclosures also disclose which Annual Percentage
Rates and Daily Periodic Rates may vary from Billing Cycle to Billing Cycle,
based on changes to a published index rate. These Account Opening Disclosures
identify the index rate we use, and the different margins we add to the index
rate to determine the variable Annual Percentage Rates.
Fees
You must pay the following
Fees we charge to your Account, in the amounts shown on your Account Opening
Disclosures, shown in this Agreement, or disclosed to you at the time you ask
us to provide particular services to you or on your behalf.
Annual Fee: We may charge you
this Fee for making the Account available and issuing Cards to you. We will
post and treat this Fee as a Purchase transaction.
Late Payment Fee: We may
charge you this Fee if we do not receive your payment in time to credit it by
the due date shown on your Statement. We will post and treat this Fee as a
Purchase transaction.
Returned Payment Fee: We may
charge you this Fee each time any payment you make to us is not paid by your
financial institution for any reason, even if that institution later pays it.
We will post and treat this Fee as a Purchase transaction.
Copying Fee: We may charge you
a Fee of $10.00 for each copy of a transaction document or a Statement you
request, unless they are required to resolve a billing dispute. We will post
and treat this Fee as a Purchase transaction.
Fees for Faster Payment
Services: We may make services available that allow you to make faster payments
through a customer service representative using a telephone, the Internet or
other payment system. We will describe the terms for using these services
before you use them. You do not have to use these other payment services, and
we may charge you a Fee for using them. If we do, we will tell you the amount
of the Fee at the time you request the service. We are not responsible if a
payment made using our payment services is rejected or not paid. Even if it is,
we may still keep the Fee. We will post
and treat these Fees as a
Purchase transaction.
Foreign Transaction Fee: We
may charge you this Fee each time you make a transaction in a foreign currency
or make a transaction in a country outside the United States. This Fee will
post to the same Balance Category as the transaction (for example, as a
Purchase), and be treated as other transactions that post to this Balance
Category.
Transactions Made in Foreign Currencies
If you make a transaction in a
foreign currency, the Payment Card Network will convert it into a U.S. dollar
amount. The Payment Card Network will use its currency conversion procedures in
effect when it processes the transaction. The conversion rate in effect on the
processing date might differ from the rate in effect on the transaction or
posting date. We do not currently adjust the currency exchange rate.
Making Payments
You are responsible for
payment in full of all transactions and fees identified on your Statement at
the end of each Billing Cycle. You make a payment to Space Labs d.o.o. through any means permitted
by Space Labs d.o.o. as disclosed when
you log into your Account. You agree to follow the payment requirements we
disclose on Statements from time to time.
If your due date occurs on a
day on which we do not receive payments, any payment received the next day that
conforms to the above requirements will not be treated as late. Please allow at
least five (5) days for postal delivery. Unless we or our agents specifically
instruct you to remit payment in a different manner, payments received at any
other location or in any other form may not be credited for up to five
(5) days. This may cause you
to be charged Late Payment Fees and additional Interest Charges.
If you give your Account
number or other Account information to someone else to make a payment for you,
we may provide Account information to them and process their payment as if you
made it. We may refuse to accept any payment made by someone else for your
Account. If we accept a payment made by someone else for your Account, you will
be responsible for the payment made, even if that payment is rejected or not
paid.
Collateral
Either your primary linked
wallet or any additional wallets may provide the collateral that will secure
the charges made by you on any Card (the “Collateral”). The Collateral
will be in the form of a digital asset.
Space Labs d.o.o. reserves the right to designate which forms of digital
assets may be used as Collateral, and reserves the right to decline a form of
Collateral if it does not meet its updated policies, guidelines, or our
requirements.
In addition, you authorize Space Labs d.o.o.
to liquidate Collateral pursuant to this section in the event of a “Liquidation
Event.” A “liquidation event” will occur at a period set by Space Labs d.o.o.,
b) within 12 hours of each Purchase you make with a Card, at our discretion for
the amount of the approved Purchase; c) if you fail to make a payment of the
full amount owed to Space Labs d.o.o. within 21 calendar days of the due date on
your Statement provided to you; or d) the Market Value of your Collateral drops
below the value of the existing charges on your Space Labs d.o.o. card(s) and you do not add additional
collateral.
“Market Value” of the Collateral will be
determined by Space Labs d.o.o. using the net redemption value provided by a
centralized stablecoin issuer and/or the real time price posted on a reputable
and recognized exchange or price aggregator, or by reference to a price oracle,
subject to Space Labs d.o.o. ’s sole
discretion. You agree that the market value of your collateral is determined
solely by Space Labs d.o.o. through the above methods. You further agree
that the Market Value is determined at the time of a Liquidation Event and any
change in or fluctuation in value of the collateral before or after a
Liquidation Event will have no bearing on obligations owed to Space Labs d.o.o. .
You, through one or more of
your linked wallet or additional wallets, will be required to post Collateral
that has Market Value in United States Dollars (“USD”) equal to each dollar that is charged to all of your Card. For
example, if you provide Digital Assets with a Market Value equal to $100 of
value in USD, and that Market Value does not change, your spending limit will
be equal to $100 USD. Once $100 USD has been charged to your Card, you will be
required to provide additional Collateral for any incremental Charges. If the
Market Value of your collateral goes down below $100 USD, and you have $100 USD
in charges, you may be subject to a Liquidation Event. If the Market Value of
your collateral is subject to a liquidation event when the Market Value is
below your existing charges, you still owe us any difference between the USD
value of the charges, and the USD value of the collateral at the time of
Liquidation.
The Collateral will be owned
by you at all times and held in your custody within one or more smart contracts
on the Supported Blockchains. Space
Labs d.o.o. will only have access to the
Collateral during or after a Liquidation Event. Once a Liquidation Event
occurs, the Collateral will be foreclosed and liquidated by the smart contract
in order to repay the outstanding balance on your Card. You authorize Space Labs d.o.o. and its designees to foreclose and/or
liquidate the Collateral upon a Liquidation Event and use the amounts to
satisfy your payment obligations owed to
Space Labs d.o.o. . You agree that
Space Labs d.o.o. will not be
required to notify you prior to such liquidation and you acknowledge and agree
that, because of the nature of the blockchain technology and smart contract
infrastructure, Space Labs d.o.o. may not be in a position to stop a
liquidation from occurring.
To withdraw your Collateral, you must
provide Space Labs d.o.o. at least (3) business days prior notice. You
agree that any Collateral that has been provided within the (3) business days
of your notice to us may be subject to liquidation. Your withdrawal of any
Collateral will not terminate any outstanding payment obligations you may have
on your Card.
Space Labs d.o.o. will not, in any circumstance, be holding
custody of your Collateral. Space Labs
d.o.o. is not a custodian or owner of
your Collateral. If a Liquidation Event occurs, only the amount required to
repay your outstanding financial obligations to Space Labs d.o.o. will be liquidated from your Collateral. Any
unencumbered Collateral balances shall remain freely accessible. You authorize
and consent to Space Labs d.o.o. liquidating the Collateral upon a Liquidation
Event through a third party or by other means in order to satisfy payment
obligations owed by you to Space Labs
d.o.o. , the Issuer or other third party, as applicable.
FOR CONSUMERS: FOR YOUR
CONVENIENCE, OUR SERVICE IS STRUCTURED TO INTITIATE REPAYMENTS VIA
PREAUTHORIZED TRANSFERS FROM A LINKED ACCOUNT, HOWEVER, Space Labs d.o.o. DOES NOT CONDITION ITS EXTENSION OF CREDIT ON
A CONSUMER’S REPAYMENT BY PREAUTHORIZED ELECTRONIC FUND TRANSFERS. ACCORDINGLY,
YOU MAY OPT-OUT OF PREUATHORIZED ELECTRONIC FUND TRANSFERS BY CONTACTING
CUSTOMER SERVICE AT [*].
Payment Processing
We may accept and process
payments without losing any of our rights. Even if we credit your payment to
your Account, we may delay the availability of Account credit until we confirm
that your payment has cleared. We may resubmit and electronically collect
returned payments. We may also adjust your Account as necessary to correct
errors, to process returned and reversed payments, and to handle similar
issues.
An “Item” means a check,
draft, money order or other negotiable instrument you use to pay your Account.
This includes any image of these instruments. When you provide an Item as
payment, you authorize us either to use information from your Item to make a
one time electronic fund transfer from your deposit account or to process the
payment as a check transaction. When we use information from your Item to make
an electronic funds transfer, funds may be withdrawn from your deposit account
as soon as the same day your payment is received and you will not receive your
Item back from your financial institution. You may contact us and ask that we
not process your future Items in this way. If we process the payment as a check
transaction, you understand and agree that we may convert your Item into an
electronic image that can be collected from your depository institution as a
substitute check. We will not be responsible if an Item you provide has
physical features that, when imaged, result in it not being processed as you
intended.
Items with Restrictive Words, Conditions or Instructions
All Items that have
restrictive words, conditions, limitations or special instructions added
(including Items marked with the words “Paid in Full” or similar language), and
all accompanying communications, must be mailed to and received at:
support@spacelabs.world. If you make your payment or send any accompanying
communications to any other address, we may accept and process the payment,
without losing any of our rights.
Credit Balances
We may reject and return to
you any payment that creates a credit balance on your Account. Any credit
balance we allow will not be available until we confirm that your payment has
cleared. We may reduce the amount of any credit balance by any new amounts
billed to your Account. You may contact us as provided on your Statement and
request a refund of any available credit balance. If you contact us in writing,
we will refund your credit balance within seven (7) business days from our
receipt of your written request. A business day means any day in which our
offices are open for the processing of Account payments and credits.
Account Default
We may consider you in default
of your Agreement with us if:
•
you do
not make any payment when it is due;
•
any
payment you make is rejected, not paid or cannot be processed;
•
in the
event of a Liquidation Event;
•
a
bankruptcy or other insolvency proceeding is filed by or against you;
•
you
die or are legally declared incompetent or incapacitated;
•
we
determine that you made a false, incomplete or misleading statement on any of
your Account documentation, or you otherwise tried to defraud us;
•
you do
not comply with any term of this Agreement or any other agreement with us; or
•
you
permanently reside outside the United States.
Paying the Interest Charges
and Fees charged in connection with a default will not, by itself, cure the
default. If you are in default, we may take the following actions without
notifying you, unless the law says that we must notify you:
•
close
or suspend your Account;
•
demand
that you immediately pay the entire balance owing on your Account;
•
continue
to charge you Interest Charges and Fees as long as your balances remain
outstanding; and/or
•
pursue
any other action against you that the law allows, which includes the filing of
a lawsuit against you.
•
You
agree to pay us all of our collection expenses, attorneys’ fees, and court
costs, unless the law does not allow us to collect these amounts.
Communications
We may contact you from time
to time about your Account. We may contact you in any manner we choose, unless
the law says that we cannot. For example, we may:
•
contact
you by mail, telephone, email, fax, recorded message, text message or personal
visit;
•
contact
you using an automated dialing or similar device (“Autodialer”);
•
contact
you at your home and at your place of employment;
•
contact
you on your mobile telephone;
•
contact
you at any time, including weekends and holidays;
•
contact
you with any frequency;
•
leave
recorded and other messages on your answering machine/service and with others;
and
•
identify
ourselves, your relationship with us, and our purpose for contacting you, even
if others might hear or read it.
Our contacts with you about
your Account are not unsolicited and may result from information we obtain from
you or others. We may monitor or record any conversation or other communication
with you. Unless the law prohibits us from doing so, we may modify or suppress
caller identification and similar services, and identify ourselves on these
services in any manner we choose. When you give us or we obtain your mobile
telephone number, we may contact you at this number using an Autodialer and can
also leave recorded and other messages. We may do these things, whether we
contact you or you contact us. If you ask us to discuss your Account with
someone else, you must provide us with documents and authorization that we ask
for and that are acceptable to us.
Credit Reports
We may provide information
about you and the Account to consumer credit reporting agencies. We may also
provide information about you and the Account to others as described in our
Privacy Notices.
Information we provide might
appear on credit reports about you . This could include negative information,
if you do not comply with the terms of this Agreement. We may obtain and use
credit and income information about you from consumer credit reporting agencies
and others as the law allows. If you believe we have reported inaccurate
information about you to a credit reporting agency, notify us in writing at:
support@spacelabs.world. In doing so, identify yourself, your Account, the
information you believe is inaccurate, and tell us why you believe the
information is incorrect. If you have supporting documents or information, such
as a copy of a credit report that includes information you believe is
inaccurate, send us the supporting documents and information, too.
Closing or Suspending Your Account
You may ask us to close your
Account by calling or writing us as described on your Statement. If you do, we
may provide you with additional details about this process and request certain
information from you, including payment information. If you use your Card or
charges post to your Account after you ask us to close it, we may keep your
Account open or reopen it. We may close or suspend your Account and your right
to obtain credit from us. We may do this at any time and for any reason, as
permitted by law, even if you are not in default. A suspension of your Account
might be permanent or temporary.
If your Account is closed or
suspended for any reason, you must stop using your Card. You must also cancel
all recurring charges or similar billing arrangements connected with the
Account. We will not do this for you. If we close or permanently suspend your
Account, you must also destroy all Cards.
You must still pay us all
amounts you owe on the Account, even if these amounts are charged after your
Account is closed or suspended.
Changes to Your Agreement
You may not change the
Agreement, unless one of our authorized officers expressly agrees to do so in a
signed writing. We may, at any time, add, delete or change any term of this
Agreement, unless the law prohibits us from doing so. We will give you any notice
and wait any time period required by law before the changes take effect. If we
notify you of changes, we will send you a separate notice or inform you on your
Statement. We may send this notice to you electronically, as permitted by law.
Our notice will tell you when and how the changes will take effect and describe
any rights you have in connection with the changes.
All of the variable Annual
Percentage Rates of your Account can go up or down in each Billing Cycle, as
the published index for these rates goes up or down. If we increase your
Interest Charges for any other reason, we will notify you in writing. If we increase
your Fees or change other significant Account terms, we will notify you in
writing and inform you of your options, including any right to reject these
changes.
We may increase your Interest
Charges for new Account transactions and your Fees after the first year of the
Account. We may change any other terms of your Account at any time, after
giving you any notice and waiting any period of time required by law. The
Account Opening Disclosures describe the amount of the Penalty APR. if any.
The Law that Applies to Your Agreement
This Agreement will be
interpreted using Puerto Rican law. Federal law will be used when it applies.
You waive any applicable statute of limitations, as the law allows. Otherwise,
the applicable statute of limitations period for all provisions and purposes
under this Agreement (including the right to collect debt) will be the longer
of the time period provided by Puerto Rico law or the law of the jurisdiction
where you live. If any part of this Agreement is found to be unenforceable, the
remaining parts will remain in effect.
Waiver
We will not lose any of our
rights if we delay taking any action for any reason or if we do not notify you.
For example, we may waive your Interest Charges or Fees without notifying you
and without losing our right to charge them in the future. We may always
enforce our rights later and may take other actions not listed in this
Agreement if the law allows them. You do not have to receive notice from us of
any waiver, delay, demand or dishonor. We may proceed against you before
proceeding against someone else.
Assignment
This Agreement will be binding
on, and benefit, any of your and our successors and assigns. You may not
transfer your Account or your Agreement to someone else without our written
permission. We may transfer your Account and this Agreement to another company
or person at any time, without your permission and without prior notice to you.
If we do, they will take our place under this Agreement. You must pay them and
perform all of your obligations to them and not us. If you pay us after you are
informed or learn that we have transferred your Account or this Agreement, we
can handle your payment in any way we think is reasonable. This includes
returning the payment to you or forwarding the payment to the other company or
person.
Amendments
We reserve the right to amend
this Agreement at any time, by adding, deleting, or changing provisions of this
Agreement. All amendments will comply with the applicable notice requirements
of federal and state law that are in effect at that time.
Dispute Resolution and
Arbitration
PLEASE READ THIS "DISPUTE
RESOLUTION AND ARBITRATION" PROVISION VERY CAREFULLY. IT LIMITS YOUR
RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND SPACE LABS D.O.O.
Binding Arbitration
(a) You and Space Labs d.o.o. agree that any and all past, present and
future Disputes (defined below) shall be determined by arbitration, unless your
Dispute is subject to an exception to this agreement to arbitrate set forth
below. You and Space Labs d.o.o. further agree that any arbitration pursuant
to this section shall not proceed as a class, group or representative action.
The award of the arbitrator may be entered in any court having jurisdiction.
“Dispute” means any dispute, claim, or controversy between you and Space Labs d.o.o. that arises out of or relates to (i) this
Platform Agreement (including any addenda hereto or other terms incorporated
herein by reference), (ii) the breach, termination, enforcement, interpretation
or validity hereof, including the determination of the scope or applicability
of the agreement to arbitrate hereunder, or (iii) any Services (including,
without limitation, the Space Labs
d.o.o. Card).
(b) This agreement to arbitrate shall be
construed under and be subject to the Federal Arbitration Act, notwithstanding
any other choice of law set out in this Agreement.
Arbitration Procedure
(a) Before filing a claim
against Space Labs d.o.o., you agree to
try to resolve the Dispute informally by providing written notice to Space Labs d.o.o. of the actual or potential Dispute.
Similarly, Space Labs d.o.o. will
provide written notice to you of any actual or potential Dispute to endeavor to
resolve any claim we may possess informally before taking any formal action.
The party that provides the notice of the actual or potential Dispute (the
"Notifying Party") will include in that notice (a "Notice of
Dispute") the name of Company, the Notifying Party’s contact information
for any communications relating to such Dispute, and sufficient details
regarding such Dispute to enable the other party (the "Notified
Party") to understand the basis of and evaluate the concerns raised. If
the Notified Party responds within ten (10) business days after receiving the
Notice of Dispute that it is ready and willing to engage in good faith
discussions in an effort to resolve the Dispute informally, then each party
shall promptly participate in such discussions in good faith.
(b) If, notwithstanding the Notifying Party’s
compliance with all of its obligations under the preceding paragraph, a Dispute
is not resolved within thirty (30) days after the Notice of Dispute is sent (or
if the Notified Party fails to respond to the Notice of Dispute within ten (10)
business days), the Notifying Party may initiate an arbitration proceeding as
described below. If either party purports to initiate arbitration without first
providing a Notice of Dispute and otherwise complying with all of its
obligations under the preceding paragraph, then, notwithstanding any other
provision of this Platform Agreement, the arbitrator(s) will promptly dismiss
the claim with prejudice and will award the other party all of its costs and
expenses (including, without limitation, reasonable attorneys’ fees) incurred
in connection with such Dispute.
(c) You and Space Labs d.o.o. each agree to resolve any Disputes that are
not resolved informally as described above through final and binding
arbitration as discussed herein, except as set forth under Section 12.3 below.
You and Space Labs d.o.o. agree that the American Arbitration
Association ("AAA") will administer the arbitration under its
Commercial Arbitration Rules (the "Rules"). The Rules are available
at www.adr.org or by calling the AAA at
1-800-778-7879. A party who desires to initiate arbitration must provide the
other party with a written Demand for Arbitration as specified in the AAA
Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed
on an individual basis and will be handled by a sole arbitrator. The single
arbitrator will be either a retired judge or an attorney licensed to practice
law and will be selected by the parties from the AAA’s roster of arbitrators.
If the parties are unable to agree upon an arbitrator within fourteen (14) days
of delivery of the Demand for Arbitration, then the AAA will appoint the
arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be
authorized to award any remedies, including injunctive relief, that would be
available to you in an individual lawsuit, subject to any effective and
enforceable limitations of liability or exclusions of remedies set forth
herein. Notwithstanding any language to the contrary in this paragraph, if a party
seeks injunctive relief that would significantly impact other Space Labs d.o.o. users as reasonably determined by either
party, the parties agree that such arbitration will proceed on an individual
basis but will be handled by a panel of three (3) arbitrators. Each party shall
select one arbitrator, and the two party-selected arbitrators shall select the
third, who shall serve as chair of the arbitral panel. That chairperson shall
be a retired judge or an attorney licensed to practice law and with experience
arbitrating or mediating disputes. In the event of disagreement as to whether
the threshold for a three-arbitrator panel has been met, the sole arbitrator
appointed in accordance with this Section shall make that determination. If the
arbitrator determines a three-person panel is appropriate, the arbitrator may
— if selected by either party or as the chair by the two party-selected
arbitrators — participate in the arbitral panel. Except as and to the extent
otherwise may be required by law, the arbitration proceeding and any award
shall be confidential.
(d) You and
Space Labs d.o.o. further agree
that the arbitration will be held in the English language in New York, New
York, or, if you so elect, all proceedings can be conducted via
videoconference, telephonically or via other remote electronic means.
(e) Filing costs and
administrative fees shall be paid in accordance with the AAA Rules; provided
that the prevailing party will be entitled to recover its reasonable attorneys’
fees, expert witness fees, and out-of-pocket costs incurred in connection with
the arbitration proceeding, in addition to any other relief it may be
awarded.
(f) You and
Space Labs d.o.o. agree that,
notwithstanding anything to the contrary in the Rules, the arbitration of any
Dispute shall proceed on an individual basis, and neither you nor Space Labs d.o.o. may bring a claim as a part of a class,
group, collective, coordinated, consolidated or mass arbitration (each, a
"Collective Arbitration"). Without limiting the generality of the
foregoing, a claim to resolve any Dispute against Space Labs d.o.o. will be deemed a Collective Arbitration if
(i) two (2) or more similar claims for arbitration are filed concurrently by or
on behalf of one or more claimants; and (ii) counsel for the claimants are the
same, share fees or coordinate across the arbitrations.
"Concurrently" for purposes of this provision means that both
arbitrations are pending (filed but not yet resolved) at the same time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER YOU NOR Space Labs
d.o.o. SHALL BE ENTITLED TO CONSOLIDATE,
JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR
ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A
REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN
CONNECTION WITH ANY DISPUTE, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND
UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the
validity of this paragraph shall be determined exclusively by the arbitrator.
Small Claims
Notwithstanding your and Space Labs d.o.o. ’s agreement to arbitrate
Disputes, You and Space Labs
d.o.o. retain the right to bring an individual
action in small claims court.
Class Waiver
To the extent applicable law
permits, any dispute arising out of or relating to this Platform Agreement,
whether in arbitration or in court, will be conducted only on an individual
basis and not in a class, consolidated or representative action. Notwithstanding
any other provision of this Platform Agreement or the AAA Rules, disputes
regarding the interpretation, applicability, or enforceability of this class
waiver may be resolved only by a court and not by an arbitrator. If this waiver
of class or consolidated actions is deemed invalid or unenforceable, neither
party is entitled to arbitration.
No Jury Trial
If for any reason a claim or
dispute proceeds in court rather than through arbitration, each party knowingly
and irrevocably waives any right to trial by jury in any action, proceeding or
counterclaim arising out of or relating to this Platform Agreement.
Venue and Jurisdiction for Judicial Proceedings
Except as otherwise required
by applicable law or provided in this Platform Agreement, in the event that the
agreement to arbitrate is found not to apply to you or your Dispute, you
and Space Labs d.o.o. agree that any judicial proceeding may only
be brought in a court of competent jurisdiction in Puerto Rico. Both you
and Space Labs d.o.o. irrevocably consent to venue and personal
jurisdiction there; provided that either party may bring any action to confirm
an arbitral award in any court having jurisdiction.
Confidentiality
The existence of and all
information regarding any Dispute will be held in strict confidence by the
parties and will not be disclosed by either party except as reasonably
necessary in connection with the conduct of the arbitration or the confirmation
or enforcement of any arbitral award. Any such permitted disclosure will, to
the maximum extent reasonably practicable, be made subject to obligations of
confidentiality at least as stringent as the provisions of this paragraph. If
any disclosure of information regarding any Dispute is required under
applicable law, the parties shall reasonably cooperate with one another to
obtain protective orders or otherwise to preserve the confidentiality of such
information.
Survival
This agreement to arbitrate
shall survive the termination or expiration of this Platform Agreement. With
the exception of the provisions of this agreement to arbitrate that prohibit
Collective Arbitration, if a court decides that any part of this agreement to
arbitrate is invalid or unenforceable, then the remaining portions of this
agreement to arbitrate shall nevertheless remain valid and in force. In the
event that a court finds the prohibition of Collective Arbitration to be
invalid or unenforceable, then the entirety of this agreement to arbitrate
shall be deemed void (but no provisions of this Platform Agreement unrelated to
arbitration shall be void), and any remaining Dispute must be litigated in
court pursuant to the preceding paragraph.
Your Billing Rights: Keep This Document For Future Use
This notice is for Consumers
using the Card Account and tells you about your rights and our responsibilities
under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error
on your statement, write to us at: support@spacelabs.world
In your letter, give us the
following information:
•
Account
information: Your name and account number.
•
Dollar
amount: The dollar amount of the suspected error
Description of problem: If you
think there is an error on your bill, describe what you believe is wrong and
why you believe it is a mistake.
You must contact us:
•
Within
60 days after the error appeared on your statement.
•
At
least 3 business days before an automated payment is scheduled, if you want to
stop payment on the amount you think is wrong.
You must notify us of any
potential errors in writing. You may call us, but if you do we are not required
to investigate any potential errors and you may have to pay the amount in
question.
What Will Happen After We Receive Your Letter
When we receive your letter,
we must do two things:
•
Within
30 days of receiving your letter, we must tell you that we received your
letter. We will also tell you if we have already corrected the error.
•
Within
90 days of receiving your letter, we must either correct the error or explain
to you why we believe the bill is correct.
While we investigate whether
or not there has been an error:
•
We
cannot try to collect the amount in question, or report you as delinquent on
that amount.
•
The
charge in question may remain on your statement, and we may continue to charge
you interest on that amount.
•
While
you do not have to pay the amount in question, you are responsible for the
remainder of your balance.
•
We can
apply any unpaid amount against your credit limit. After we finish our
investigation, one of two things will happen:
•
If we
made a mistake: You will not have to pay the amount in question or any interest
or other fees related to that amount.
•
If we
do not believe there was a mistake: You will have to pay the amount in
question, along with applicable interest and fees. We will send you a statement
of the amount you owe and the date payment is due. We may then report you as
delinquent if you do not pay the amount we think you owe.
If you receive our explanation
but still believe your bill is wrong, you must write to us within 10 days
telling us that you still refuse to pay. If you do so, we cannot report you as
delinquent without also reporting that you are questioning your bill. We must
tell you the name of anyone to whom we reported you as delinquent, and we must
let those organizations know when the matter has been settled between us.
If we do not follow all of the
rules above, you do not have to pay the first $50 of the amount you question
even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card
Purchases
If you are dissatisfied with
the goods or services that you have purchased with your credit card, and you
have tried in good faith to correct the problem with the merchant, you may have
the right not to pay the remaining amount due on the purchase.
To use this right, all of the
following must be true:
•
The
purchase must have been made in your home state or within 100 miles of your
current mailing address, and the purchase price must have been more than $50.
(Note: Neither of these are necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the
goods or services.)
•
You
must have used your credit card for the purchase. Purchases made with cash
advances from an ATM do not qualify.
•
You
must not yet have fully paid for the purchase.
If all of the criteria above
are met and you are still dissatisfied with the purchase, contact us in writing
at: support@spacelabs.world
While we investigate, the same
rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you
owe an amount and you do not pay, we may report you as delinquent.
Indemnity:
You will indemnify and defend
each of Space Labs d.o.o. and Issuer,
and their affiliates, and their respective partners, directors, officers,
employees, agents, trustees, administrators, managers, advisors, and representatives
(each an “Indemnitee”) against, and hold each Indemnitee harmless from, any and
all claims, litigation, investigations, proceedings, losses, damages, fines,
penalties, liabilities, settlements, costs, fees, and expenses incurred by any
Indemnitee or asserted against any Indemnitee by any person: (1) arising out
of, in connection with, related to, or as a result of, a breach by you or by
any Company Administrator or Company User of any of the representations,
warranties, covenants, or agreements contained in these Card Terms, the User
Terms, any terms applicable to any Third Party Provider or any other agreements
with any Issuing Partner or that otherwise relate to the Services or the use of
the SpaceLabs Card; (ii) for amounts owed by Company to third parties; (iii)
for acts or omissions of Company Administrators, Company Users, or other
Company employees or agents; (iv) for Company’s use of the Services; or (v) for
disputes over charges between Company and merchants. Space Labs d.o.o. and
Issuer may defend any claim subject to indemnification hereunder, using counsel
of its choice, and you will pay or promptly reimburse Rain for the reasonable
fees of such counsel and all related costs and reasonable expenses
If you are a user from a
jurisdiction that does not allow the certain indemnification obligations, you
agree that the foregoing section titled “Indemnity” is intended to be as broad
as permitted under the laws of such jurisdiction. If any portion of this
section is held to be invalid under the laws of such jurisdiction, the
invalidity of such portion will not affect the validity of the remaining
portions of the applicable sections.
